Empire City Racing Ass'n v. National Fair & Exposition Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Empire City Racing Association, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of February, 1915.
1Opinion of the Court
Jenks, P. J.:
The plaintiff appeals from an order of the Special Term that denies a motion for a preference in an action of ejectment when the right depended upon facts which did not appear in the pleadings or other papers upon which the cause is to be tried. I think that the order is not appealable. (Code Civ. Proc. § 793; Nichols N. Y. Pr. 3635.) Although the said statute reads, “Such an order is not. appealable,” I think that the Legislature intended to deny the right of appeal whether the application for such an order was granted or refused. Qui *127hceret in litera, hceret in cortice. If such…
2Cases cited1 opinion
- Riglander v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by6 opinions
- Waters, Inc. v. Hatters' Fur Exchange, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
- In re the Probate of the Last Will & Testament of WalshNew York Surrogate's Court · 1919
- Empire City Racing Ass'n v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- Empire City Racing Ass'n v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- Empire City Racing Ass'n v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
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