Opinion
Submitted April 7, 1941
Decided April 17, 1941
Appeal from the Supreme Court, Appellate Division, First Department, O'BRIEN, J.
Arthur Weiss and Max Rothenberg for motions.
Joseph J. Nista opposed.
Motion by Five Boro Milk Can Exchange denied on the ground that no exceptions to the sureties were served as required by section 151 of the Civil Practice Act. Motion by other respondents granted and appeal dismissed, with costs and ten dollars costs of motion, unless a new undertaking is filed and appellant pays ten dollars costs within ten days in which event the motion is denied. ( Sundail Constr. Co. v. Liberty Bank, 274 N.Y. 464.)