Pepper v. Almond Realty Co.

Appellate Division of the Supreme Court of New York

Pepper v. Almond Realty Co.

218 A.D. 842

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1926·Published

Opinion

Order striking cause from day calendar reversed on the law, with ten dollars costs and disbursements, and motion denied, without costs. The provision of the order permitting an amendment of the complaint, directing that the cause retain its place on the calendar, was properly made. (Stehli Silks Corporation v. Kleinberg, 200 App. Div. 16; Kelly v. Hilbert, Id. 489.) No appeal was taken from that order. In face of it, the court was not warranted in making the order appealed from. Kelly, P. J., Jaycox, Young, Kapper and Lazansky, JJ., concur.

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Order striking cause from day calendar reversed on the law, with ten dollars costs and disbursements, and motion denied, without costs. The provision of the order permitting an amendment of the complaint, directing that the cause retain its place on the calendar, was properly made. (Stehli Silks Corporation v. Kleinberg, 200 App. Div. 16; Kelly v. Hilbert, Id. 489.) No appeal was taken from that order. In face of it, the court was not warranted in making the order appealed from. Kelly, P. J., Jaycox, Young, Kapper and Lazansky, JJ., concur.

Pepper v. Almond Realty Co., 218 A.D. 842 (N.Y. Ct. App. 1926).

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Opinion

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