City of New York v. Empire City Subway Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals from 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 18th day of November, 1919, denying plaintiff’s motion to compel the defendant to enter judgment except upon conditions.
1Opinion of the Court
Smith, J.:
Here are cross-appeals from an order denying a motion by the plaintiff to compel the defendant to enter judgment upon the report of the referees herein, “ unless within twenty days after the entry of the order herein plaintiff shall stipulate that the judgment to be entered shall contain a provision for the payment of one-half of the actual disbursements made by the defendant, or, in the alternative, that the judgment should include a direction that the plaintiff pay to the defendant one-half of the disbursements lawfully and properly made by the defendant for the purpose of taking…
2Cited by1 opinion
- City of New York v. Empire City Subway Co.Appellate Division of the Supreme Court of the State of New York · 1921