198 N.Y. 623
92 N.E 1088
Decided May 17, 1910
New York Court of Appeals · decided 1910-05-17
Motions to dismiss and for leave to withdraw appeal from an order of the Appellate Division of the Supreme Court in the.first judicial department, entered April 16, 1909, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover rent.
Decided 1910-05-17
¶1 Motion to dismiss appeal denied, without costs.
¶2 Motion for leave to withdraw appeal granted, provided that within twenty days from the filing of this order the ajipellant pays to respondent the costs that have accrued to date and ten dollars costs of motion; on failure to comply with this provision the appeal is dismissed, with costs and ten dollars costs of motion.