Hirschfield v. Hassett

Appellate Terms of the Supreme Court of New York

Hirschfield v. Hassett

59 Misc. 154, 110 N.Y.S. 264

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1908

StatusPublished

Cited by1 cases

This text of 59 Misc. 154 (Hirschfield v. Hassett) 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

Hirschfield v. Hassett, 59 Misc. 154, 110 N.Y.S. 264 (N.Y. Ct. App. 1908).

Pincite

Opinion

'Per Curiam.

This is an appeal from an order staying the plaintiff from proceeding with this action until the costs of a former action between the same parties are paid.

There is no authority for the granting of such an order. Section 779 of the Code of Civil Procedure has no application to the Municipal Court, being expressly limited to courts of record by subdivision 6 of section 3347.

The order made herein is not an appealable order, however. Bevins & Rogers App. Term Pr. 61, and cases cited. The remedy of the appellant, if the lower court persists in re: fusing to permit the trial of the case to proceed, is by writ of mandamus.

Present: Gildersleeve, Giegerich and Greenbaum, JJ.

Appeal dismissed, without costs.

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