Consolidated Railway Lighting & Refrigerating Co. v. Rice

Appellate Division of the Supreme Court of New York

Consolidated Railway Lighting & Refrigerating Co. v. Rice

77 N.Y.S. 227, 73 A.D. 622

Appellate Division of the Supreme Court of the State of New York·Decided June 20, 1902·Published

Opinion

PER CURIAM.

The order denying the application of the peti_ tioner to be made a party plaintiff in this action having been affirmed at the present term of this court, it necessarily follows that the order staying proceedings of the plaintiff in the action should be reversed. The stay was granted only until the hearing and determination of the appeal taken from the order on the main application, and, although the stay may be said to fall with the affirmance of the order denying the principal motion, yet, as the same may be construed as restraining the parties to the action from proceeding therein, the proper disposition to be made of it is to reverse the order, with costs of this appeal.

Order reversed, with $10 costs and disbursements.

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PER CURIAM.

The order denying the application of the peti_ tioner to be made a party plaintiff in this action having been affirmed at the present term of this court, it necessarily follows that the order staying proceedings of the plaintiff in the action should be reversed. The stay was granted only until the hearing and determination of the appeal taken from the order on the main application, and, although the stay may be said to fall with the affirmance of the order denying the principal motion, yet, as the same may be construed as restraining the parties to the action from proceeding therein, the proper disposition to be made of it is to reverse the order, with costs of this appeal.

Order reversed, with $10 costs and disbursements.

Consolidated Railway Lighting & Refrigerating Co. v. Rice, 77 N.Y.S. 227, 73 A.D. 622 (N.Y. Ct. App. 1902).

Pincite

77 N.Y.S. 227 (Consolidated Railway Lighting & Refrigerating Co. v. Rice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.