Matter of City of New York v. . Mitchell
This text of 76 N.E. 1091 (Matter of City of New York v. . Mitchell) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motion to amend remittitur so as to provide that “ the order and judqment appealed from be affirmed, with costs.” (See 183 N. Y. 245.)
Motion denied, without costs. What appears to be designated in the record on appeal as a judgment of the Appellate Division is, under sections 2141 and 2143 of the Code of Civil Procedure, denominated a final order. It is that order which has been affirmed by this court, and the application is, therefore, unnecessary ; we prefer to adhere to the nomenclature prescribed by the Code.
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Cite This Page — Counsel Stack
76 N.E. 1091, 183 N.Y. 570, 1906 N.Y. LEXIS 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-city-of-new-york-v-mitchell-ny-1906.