State Bank v. Kahn

Appellate Terms of the Supreme Court of New York

State Bank v. Kahn

95 N.Y.S. 1162

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1905

StatusPublished

This text of 95 N.Y.S. 1162 (State Bank v. Kahn) 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.

Bluebook

State Bank v. Kahn, 95 N.Y.S. 1162 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The defendant appeals “from an order entered in the office of the clerk of the City Court of the city of New York, on the 6th day of July, 1905, and from each and every part of said order.’’ No such order appears in the record. Assuming, however, that the order of June, 1905, placing “the above-entitled action” on the short-cause calendar of that court is the order appealed from, that order may stand, for sufficient appears in the moving papers to warrant an inference of virtual severance, though the record is silent as to the entry of an order therefor pursuant to the provisions of section 456 of the Code of Civil Procedure, and as to any objection thereto. Order affirmed, with $10 costs and disbursements.

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PER CURIAM.

The defendant appeals “from an order entered in the office of the clerk of the City Court of the city of New York, on the 6th day of July, 1905, and from each and every part of said order.’’ No such order appears in the record. Assuming, however, that the order of June, 1905, placing “the above-entitled action” on the short-cause calendar of that court is the order appealed from, that order may stand, for sufficient appears in the moving papers to warrant an inference of virtual severance, though the record is silent as to the entry of an order therefor pursuant to the provisions of section 456 of the Code of Civil Procedure, and as to any objection thereto. Order affirmed, with $10 costs and disbursements.

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Bluebook (online)

95 N.Y.S. 1162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-bank-v-kahn-nyappterm-1905.