City of Buffalo v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of New York

City of Buffalo v. Delaware, Lackawanna & Western Railroad

121 A.D. 927, 106 N.Y.S. 1120

Procedural entryThis page is a short order in City of Buffalo v. Delaware, Lackawanna & Western Railroad. Read the opinion of the Court — 136 A.D. 274 →

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1907·Published

Opinion

Order affirmed, with ten dollars costs and disbursements, upon condition that the plaintiff tender to. the defendants a stipulation 'consenting to proceed to the trial of the action upon five days’ notice, before the court or a referee to be named by the court. In case of failure to tender such stipulation within three days after the entry of this order, the order appealed from is reversed, with ten dollars costs and disbursements. Held, that a decision of the controversy upon the merits should not be made upon this motion, but only after final judgment.- All concurred.

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Order affirmed, with ten dollars costs and disbursements, upon condition that the plaintiff tender to. the defendants a stipulation 'consenting to proceed to the trial of the action upon five days’ notice, before the court or a referee to be named by the court. In case of failure to tender such stipulation within three days after the entry of this order, the order appealed from is reversed, with ten dollars costs and disbursements. Held, that a decision of the controversy upon the merits should not be made upon this motion, but only after final judgment.- All concurred.

City of Buffalo v. Delaware, Lackawanna & Western Railroad, 121 A.D. 927, 106 N.Y.S. 1120 (N.Y. Ct. App. 1907).

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121 A.D. 927 (City of Buffalo v. Delaware, Lackawanna & Western Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.