Webster v. Abbott
Appellate Terms of the Supreme Court of New York
Tins is an appeal from an order of the City Court of the city of New York staying the proceedings.upon the judgment entered in this action .and on the judgment of affirmance thereof and also all proceedings in an action commenced in that court on the undertaking given on appeal, until the hearing and determination by the Appellate Term of an application to he made for leave to appeal to the Appellate Division; and, in the event of the refusal by the Appellate Term to grant…
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Tins is an appeal from an order of the City Court of the city of New York staying the proceedings.upon the judgment entered in this action .and on the judgment of affirmance thereof and also all proceedings in an action commenced in that court on the undertaking given on appeal, until the hearing and determination by the Appellate Term of an application to he made for leave to appeal to the Appellate Division; and, in the event of the refusal by the Appellate Term to grant such leave, then until the refusal by a justice of the Appellate Division to grant the permission to appeal; and, if the…
1Opinion of the CourtPage, J.
The order below is based on a misapprehension of the nature of an appeal to the Appellate Division from this court. The appeal, if allowed, is not from the judgment of the City Court that was reviewed by the justices holding the Appellate Term, hut from their determination of the appeal. Code Civ. Pro., § 1344; Lesster v. Lawyer’s Surety Co., 50 App. Div. 181, 185. Whether there shall be such an appeal rests not with the Appellate Term, hut with the justices who determined the appeal, or,.on their refusal, *311with the justice of the Appellate Division to whom application may be made.
It is…
2Cases cited4 opinions
- Genet v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- Lesster v. Lawyers' Surety Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Typothetæ of New York v. Typographical Union No. 6Appellate Division of the Supreme Court of the State of New York · 1910
- Stern v. Barrett Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1908