Petty v. Metropolitan Street Railway Co.
This text of 34 Misc. 517 (Petty v. Metropolitan Street Railway 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.
Opinion
This is an appeal from an order of the General Term of the City Court reversing an order of the Special Term granting leave to the plaintiff to discontinue the action without costs. The allowance of costs in the first instance being discretionary, and no substantial right' being involved, this court is without power' to review the order below. Code, § 3191; De Barante v. Deyermand, 41 N. Y. 355; Martin v. Windsor Hotel Co., 70 id. 101; Kreizer v. Allaire, 16 Misc. Rep. 6.
Present — Bisohoee, P. J., Leventritt and Clarke, JJ.
Appeal dismissed, with costs.
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Cite This Page — Counsel Stack
34 Misc. 517, 69 N.Y.S. 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-metropolitan-street-railway-co-nyappterm-1901.