Shechter v. Erie Railroad , 12 N.Y.2d 1108 ( 1963 )

Motion to dismiss appeal [for failure to prosecute] granted and appeal dismissed, with costs and $10 costs of motion, unless, within 15 days, appellant serves and files an undertaking on appeal and pays $10 costs, in which events motion denied and case set down for argument during the May, 1963 session of the Court of Appeals.