Brangaccio v. Weber Piano Co.
This text of 143 A.D. 612 (Brangaccio v. Weber Piano Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We have decided that costs awarded upon an appeal from an order made at Special Term are within the terms of section 779 of the Code of Civil Procedure. (Muller v. Brooklyn Heights R. R. Co., 139 App. Div. 727.) We have also decided in the same case that if at the time when plaintiff made his motion for leave to sue as a poor person this statutory stay had become operative, the court at Special Term had no power to entertain the motion, its action in granting the relief was unauthorized, and the order granting such motion must be reversed. The fact that such stay had become operative in this case is admitted by plaintiff in his petition.
The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied.
Jebes, P. J., ITirsohberg, Burr, Thomas and Carr, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied.
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Cite This Page — Counsel Stack
143 A.D. 612, 128 N.Y.S. 467, 1911 N.Y. App. Div. LEXIS 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brangaccio-v-weber-piano-co-nyappdiv-1911.