Engel, Heller Co. v. Henry Elms. Brewing Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an affirmance by the General Term of the City Court of the city of New York of a judgment, entered upon the direction of the court at Trial Term, in favor of the plaintiff. Action for rent. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtGiegerich, J.
The point made by the respondent that the notice of appeal is defective, because the judgment of affirmance is referred to as for a certain amount which represents the costs only, does not present any substantial ground for the dismissal, of the appeal. Whether identified by the amount of costs awarded or not, the judgment appealed from is clearly shown by the notice to be *481the judgment of affirmance and the appeal is taken generally without limitation as to the matter of costs.
The question presented is whether the court below properly received the record of certain dispossess proceedings as…
2Cases cited7 opinions
- Nemetty v. . NaylorNew York Court of Appeals · 1885
- Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- Zinsser v. HerrmanAppellate Terms of the Supreme Court of New York · 1898
- Marchand v. HaberNew York Supreme Court · 1896
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3Cited by5 opinions
- Ferber v. TodtmanAppellate Division of the Supreme Court of the State of New York · 1906
- Cappel v. LondonAppellate Terms of the Supreme Court of New York · 1908
- Cram v. DietrichAppellate Terms of the Supreme Court of New York · 1902
- Loft v. KazizAppellate Terms of the Supreme Court of New York · 1903
- N. R. M. Garage Corp. v. Morris Feig Garage Corp.Appellate Division of the Supreme Court of the State of New York · 1951