Bimberg v. Rothenfeld

Motion to dismiss appeal granted, with ten dollars costs, and appeal dismissed, with ten dollars costs and disbursements. The moving papers indicate no defense to the first cause of action. The defenses and counterclaims pertain to the second cause of action only. There is, therefore, no merit in the appeal and the order of severance is correct. Furthermore, appellants were dilatory in perfecting the appeal. Present — Lazar.sky, P. J., Kapper, Seudder, Tompkins and Davis, JJ.