Deering v. Schreyer
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. In the matter of the opening of Lexington avenue from 97th to 102d streets. Petition of James A. Deering for an allowance of attorney’s fees from the award granted John Schreyer. Judgment for petitioner. From an order denying a motion to vacate the judgment, defendant appeals.
1Opinion of the CourtIngraham, J.
As we have determined upon the appeal from the order confirming the referee’s report that the proceeding is unauthorized and must be dismissed (52 N. Y. Supp. 203), it follows that the judgment entered upon the order confirming the referee’s report must be vacated. It is not necessary to determine whether or not it was regular to enter a judgment upon such an order. We think, however, that rule 27 of the General Rules of Practice does not authorize the entry of a formal judgment in a special proceeding. That rule does not provide for the entry of a judgment on an order, but merely allows an…
2Cases cited1 opinion
- Deering v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1898