Loper v. Wading River Realty Co.
Appellate Division of the Supreme Court of the State of New York
Abbeal by the defendant, the Wading River Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 16th day of February, 1910, upon the decision of the court rendered after a trial at the Kings County Special Term,.and also from an order made at the Suffolk Special Term, bearing date the 5th day of February, 1910, and entered in said clerk’s office on the 8th day of March, 1910, denying…
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Abbeal by the defendant, the Wading River Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 16th day of February, 1910, upon the decision of the court rendered after a trial at the Kings County Special Term,.and also from an order made at the Suffolk Special Term, bearing date the 5th day of February, 1910, and entered in said clerk’s office on the 8th day of March, 1910, denying the defendant’s motion to strike the case from the calendar.
1Opinion of the Court
Care, J.:
This is an appeal from a judgment in favor of the plaintiff in an action brought to foreclose a mechanic’s lien on property situate in Suffolk county. The notice of appeal brings up for review an interlocutory order denying a motion to strike the case from the calendar when the action was reached for trial at a Special Term of this court held in Suffolk county on February 5, 1910. It appears from the record that when the motion to strike the case from the calendar was denied the defendant’s counsel formally withdrew from the trial and an inquest was taken in their absence. From the…
2Cases cited3 opinions
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
- Gerity v. . Seeger Guernsey Co.New York Court of Appeals · 1900
- In re RubensteinAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- In re LaidlawAppellate Division of the Supreme Court of the State of New York · 1914
- Conlin v. KingAppellate Division of the Supreme Court of the State of New York · 1913
- Dickerson v. MusicaAppellate Division of the Supreme Court of the State of New York · 1912
- Dickerson v. MusicaAppellate Division of the Supreme Court of the State of New York · 1912
- Howard v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1919