Ziadi v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interurban Street Railway Company, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 30th day of March, 1904, as denies certain ' demands contained in the defendant’s notice of motion for a bill of particulars. •
1Opinion of the Court
Hooker, J.:
The motion to strike this ease from the calendar should be denied. After the service of the notice of appeal the Special Term was without power to set it aside or to make an order that it stand: Were such procedure to obtain, it would vest in the Special Term, power to determine whether cases were or were not in this court. The uniform practice has been that the Appellate Division alone should determine what is before it. These reasons were quite sufficient to induce the learned Special Term to deny the defendant’s motion to compel the plaintiff to accept the notice of appeal after…
2Cases cited3 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Steinau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Van Loan v. SquiresNew York Supreme Court · 1889
3Cited by10 opinions
- Krstulja v. KrstuljaNew York Supreme Court · 1951
- Levinson v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1940
- Matar v. MortonAppellate Division of the Supreme Court of the State of New York · 1957
- Paoli v. East River National BankAppellate Terms of the Supreme Court of New York · 1915
- Ralph v. Board of EstimateAppellate Division of the Supreme Court of the State of New York · 1951
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