Riesgo v. Glengariffe Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Glengariffe Realty Company, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 13th day of January, 1906, as granted to the plaintiff an additional allowance of $750, and also from an order entered in said clerk’s office on the 5th day of February, 1906, denying the said defendant’s motion to modify the aforesaid judgment by reducing such allowance to $200.
1Opinion of the Court
O’Brien, P. J.:
In the case of Long Island L. & T. Co. v. Long Island City & N. R. R. Co. (85 App. Div. 36; affd., 178 N. Y. 588) in construing the amendment made by chapter 61 of the Laws of 1898 to section 3253 of the Code of Civil Procedure, it was held that the effect of the amendment was to permit the court in a difficult and extraordinary action, as the foreclosure of a mortgage upon real property, to grant an extra allowance in excess of §200. The provisions of the amendment in question have been re-enacted by chapter 299 of the Laws of 1899 and chapter 316 of the Laws of 1903. To…
2Cases cited2 opinions
- Long Island Loan & Trust Co. v. Long Island City & Newtown RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Long Island Loan & Trust Co. v. Long Island City & Newtown RailroadNew York Court of Appeals · 1904
3Cited by1 opinion
- Troughton v. Digmore Holding Co.New York Supreme Court · 1919