Legal Opinion

In re City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1923Published

1Opinion of the Court

This appeal, not being from a final order, is unauthorized, and presents no matter that we, can pass upon. The record shows that the only question involved is the correctness of a ruling by the justice at Special Term in excluding certain evidence presented by a claimant in support of his title. We think the court should have received the evidence, and, at the proper time, passed upon its legal effect. In a proceeding of this kind an appeal can be taken only from a final order, and hence the present appeal is dismissed, without costs. If the question of title were properly before us, we…

2Cases cited1 opinion

  1. In re the City of New YorkNew York Supreme Court · 1921

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