Brangaccio v. Weber Piano Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Weber Piano Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9tli day of June, 1910, permitting the plaintiff to prosecute the action as a poor person.
1Opinion of the Court
Per Curiam :
We have decided that costs awarded upon an appeal from an order made at Special Term are within the terms of section 779 of the Code of Civil Procedure. (Muller v. Brooklyn Heights R. R. Co., 139 App. Div. 727.) We have also decided in the same case that if at the time when plaintiff made his motion for leave to sue as a poor person this statutory stay had become operative, the court at Special Term had no power to entertain the motion, its action in granting the relief was unauthorized, and the order granting such motion must be reversed. The fact that such stay had become…
2Cases cited1 opinion
- Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Schechter v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Estate of FriedmanNew York Surrogate's Court · 1938
- Brangaccio v. Weber Piano Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Devonia Discount Corp. v. BianchiMount Vernon City Court · 1934