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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1907

StatusPublished

This text of 121 A.D. 927 (City of Buffalo v. Delaware, Lackawanna & Western Railroad) 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.

Bluebook

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

Pincite

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.

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Bluebook (online)

121 A.D. 927, 106 N.Y.S. 1120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-buffalo-v-delaware-lackawanna-western-railroad-nyappdiv-1907.