Lyons v. Mulvihill
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Pincus Lyons against Matthew F. Mulvihill, individually and as City Marshal of the City of New York. From an order granting a motion to strike certain items of costs from the docket of the judgment in that cause, defendant appeals.
1Per curiam
The order from which the defendant appeals is not appealable under sections 253, 254, 255, 256, and 257 of the Municipal Court act (Laws 1902, c. 580). We have no jurisdiction to consider an appeal from an order, as distinct from a judgment, except as such jurisdiction is given to this court by those sections. Spiegelman v. Union Ry. Co., 95 App. Div. 92, 88 N. Y. Supp. 478; Ducas Co. v. Continental Finishing Co., 65 Misc. Rep. 42, 119 N. Y. Supp. 429.
Appeal dismissed, with $10 costs.
2Cases cited2 opinions
- Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- B. P. Ducas Co. v. Continental Finishing Co.Appellate Terms of the Supreme Court of New York · 1909
3Cited by2 opinions
- Schloss v. WilsonAppellate Terms of the Supreme Court of New York · 1911
- Oscar Schlegel Manufacturing Co. v. SternonAppellate Terms of the Supreme Court of New York · 1911