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18 Misc. 727

Pollatschek v. Goodwin

Appellate Terms of the Supreme Court of New York · decided 1896-09-15

<p>Motion for leave to appeal to the Appellate Division or for re-' argument.</p>

Decided 1896-09-15

_ Per Curiam.

¶1Every point made by the appellant’s counsel upon the argument of the appeal was fully noted and discussed in the opinion handed down, and this motion seems to be no more than an effort to secure further discussion of well-established principles of law in their application to the facts of the particular case.

¶2The main contention of the appellant’s counsel is that the plaintiffs were not mere middlemen, but brokers intrusted with discretionary powers.

¶3The contention is wholly with regard to a question of fact. Hence this motion cannot be said to come within the rules laid down in Lynch v. Sauer, 16 Misc. Rep. 363, as governing motions for leave to appeal to the Appellate Division.

¶4Motion denied, with $10 costs.

¶5Present: Daly, P. J., MoAdam and Bischoff, JJ.

¶6Motion denied, with $10 costs.,

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