Pinchot v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and another, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of February, 1900, as denies defendants’ motion to resettle the order of February 14, 1900, by modifying the terms therein imposed.
1Per curiam
The appeal herein is “ from so much of the .order * * * entered * * * on the 27th day of February, 1900, as denies defendants’ motion to resettle the order of February 14th, 1900, by modifying the terms therein imposed.”
We assume that what the defendant seeks is a modification of the terms imposed by the original order, but no appeal is taken therefrom, and we do not think that this question can be raised by appeal from so much of a subsequent order as denies the motion for a resettlement of the original order.
The appeal accordingly should be dismissed, with ten dollars costs and…
2Cited by3 opinions
- Twin Realty Corp. v. Glens Falls PortLand Cement Co.Appellate Division of the Supreme Court of the State of New York · 1929
- People ex rel. Envoy Apartments, Inc. v. MillerAppellate Division of the Supreme Court of the State of New York · 1938
- Quality Fruit Wines Corp. v. CribariAppellate Division of the Supreme Court of the State of New York · 1949