Legal Opinion
Petty v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Decided April 15, 1901PublishedCited by 1 opinion
Appeal from an order of the General Term of the City Court of the city of New York reversing an order of the Special Term.
1Per curiam
This is an appeal from an order of the General Term of the City Court reversing an order of the Special Term granting leave to the plaintiff to discontinue the action without costs. The allowance of costs in the first instance being discretionary, and no substantial right' being involved, this court is without power' to review the order below. Code, § 3191; De Barante v. Deyermand, 41 N. Y. 355; Martin v. Windsor Hotel Co., 70 id. 101; Kreizer v. Allaire, 16 Misc. Rep. 6.
Present — Bisohoee, P. J., Leventritt and Clarke, JJ.
Appeal dismissed, with costs.
2Cases cited2 opinions
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- Kreizer v. AllaireAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Buckley & Kisseloff v. Feldcos Realty Corp.Civil Court of the City of New York · 1970