Lazarus v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 18,1895, which affirmed an order of Special Term denying a motion by defendants for the order sending back the decision of the referee herein with instructions to rule upon certain proposed findings of fact and conclusions of law as requested by defendants, or to vacate said report.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 18,1895, which affirmed an order of Special Term denying a motion by defendants for the order sending back the decision of the referee herein with instructions to rule upon certain proposed findings of fact and conclusions of law as requested by defendants, or to vacate said report. This action was brought to enjoin the defendant from operating its elevated railroad in Trinity place, in the city of New York, in front of plaintiffs premises. The facts, so far as material, are stated in the…
1Opinion of the Court
Andrews, Ch. J.
This is an equity action and was referred to a referee for trial and decision by an order entered May 27, 1893. The evidence was taken and the case was submitted to the referee for decision March 22, 1894. On the same day the defendants submitted to the referee proposed findings of fact and conclusions of law. ' The referee’s time in which to make his decision was, upon his request, extended by stipulation to October 27,1894. On the 22d day of October, 1894, he made and delivered his report in favor of the plaintiffs, stating generally the grounds of his decision. Intermediate…
2Cases cited1 opinion
- Southwick v. . SouthwickNew York Court of Appeals · 1872
3Cited by70 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Simonson v. International BankNew York Court of Appeals · 1964
- Shielcrawt v. MoffettNew York Court of Appeals · 1945
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
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