Reeck v. Royfe
This text of 125 Misc. 825 (Reeck v. Royfe) 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
Appeal dismissed, but as respondents neither appeared nor submitted a brief, no costs are allowed.
The order is not appealable. The fact that leave to appeal was granted by the court below does not give this court jurisdiction. It can obtain jurisdiction through the granting of leave to appeal only in the certain cases that are specified. (See Mun. Ct. Code, § 154, subd. 7, since amd. by Laws of 1925, chap. 637.) The motion should have been granted. (See Wilson v. Simpson, 84 N. Y. 674; Drake v. Hodgson, 119 Misc. 288; affd., 203 App. Div. 856.)
Present: Cfopsey, Lazansey and MacCrate, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
125 Misc. 825, 211 N.Y.S. 587, 1925 N.Y. Misc. LEXIS 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeck-v-royfe-nyappterm-1925.