Pinchot v. New York Elevated Railroad

Appellate Division of the Supreme Court of New York

Pinchot v. New York Elevated Railroad

63 N.Y.S. 489

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 23, 1900

StatusPublished

This text of 63 N.Y.S. 489 (Pinchot v. New York Elevated Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pinchot v. New York Elevated Railroad, 63 N.Y.S. 489 (N.Y. Ct. App. 1900).

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Opinion

PER CURIAM.

The appeal herein is “from so much of the order * * * entered * * * on the 27th day of February, 1900, as denies defendant’s motion to resettle the order of February 14, 1900, modifying the terms therein imposed.” We assume that what the defendant seeks is a modification of the terms imposed by the original order, but no appeal is taken therefrom, and we do not think that this question can be raised by appeal from so much of a subsequent order as denies the motion for a resettlement of the original order.

The appeal accordingly should be dismissed, with $10 costs and disbursements.

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PER CURIAM.

The appeal herein is “from so much of the order * * * entered * * * on the 27th day of February, 1900, as denies defendant’s motion to resettle the order of February 14, 1900, modifying the terms therein imposed.” We assume that what the defendant seeks is a modification of the terms imposed by the original order, but no appeal is taken therefrom, and we do not think that this question can be raised by appeal from so much of a subsequent order as denies the motion for a resettlement of the original order.

The appeal accordingly should be dismissed, with $10 costs and disbursements.

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Bluebook (online)

63 N.Y.S. 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinchot-v-new-york-elevated-railroad-nyappdiv-1900.