Fred v. Gordon
Appellate Terms of the Supreme Court of New York
In the matter of Mary Fred, as executrix, directing Milton J. Gordon to comply with terms of a written stipulation. On motion of Milton J. Gordon to be relieved of payment of costs previously imposed on him.
1Per curiam
[1, 2] The respondent herein has handed up an order by which he seeks, ex parte, to be relieved from the payment of the costs imposed upon the denial of two motions heretofore made by him. These motions were decided at a former term of this court, when the personnel of the court was somewhat different than, at the present term. As no appeal lies from an order of this court granting or denying a motion (Gersman v. Levy, 126 App. Div. 83, 110 N. Y. Supp. 236), and as the Appellate Term is always in session for the purpose of hearing motions, perhaps the doctrine of stare decisis should not be…
2Cases cited3 opinions
- Nichols v. . MacLeanNew York Court of Appeals · 1885
- Gersman v. LevyAppellate Division of the Supreme Court of the State of New York · 1908
- Hand v. CallaghanNew York Court of Common Pleas · 1895