Harris v. Sandow Realty Co.

Appellate Terms of the Supreme Court of New York

Harris v. Sandow Realty Co.

159 N.Y.S. 892

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1916

StatusPublished

This text of 159 N.Y.S. 892 (Harris v. Sandow Realty Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harris v. Sandow Realty Co., 159 N.Y.S. 892 (N.Y. Ct. App. 1916).

Pincite

Opinion

PER CURIAM.

The notice of appeal herein states that the appeal is taken from an order dated May 5, 1916. No order of that date i? contained in the return. There is an order, dated May 3, 1916, which grants a motion for a bill of particulars.

[1, 2] Such an order is not appealable. Section 154, M. C. C. There is also an unsigned order, dated May 3, 1916, and apparently indorsed [893]*893thereon is a notice that the same will be submitted to the justice, who granted the other order, for signature on May 5, 1916; but such order is not signed, and, although the appellant’s brief is devoted to a discussion of the last-mentioned order, as the return fails to show that such order was ever signed, this court cannot consider it.

Appeal dismissed, with $10 costs.

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PER CURIAM.

The notice of appeal herein states that the appeal is taken from an order dated May 5, 1916. No order of that date i? contained in the return. There is an order, dated May 3, 1916, which grants a motion for a bill of particulars.

[1, 2] Such an order is not appealable. Section 154, M. C. C. There is also an unsigned order, dated May 3, 1916, and apparently indorsed [893]*893thereon is a notice that the same will be submitted to the justice, who granted the other order, for signature on May 5, 1916; but such order is not signed, and, although the appellant’s brief is devoted to a discussion of the last-mentioned order, as the return fails to show that such order was ever signed, this court cannot consider it.

Appeal dismissed, with $10 costs.

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Bluebook (online)

159 N.Y.S. 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-sandow-realty-co-nyappterm-1916.