Legal Opinion
Marando v. T. A. Gillespie Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1900Published
Appeal from special term. Action by Domenico Marando, as administrator, etc., of Antonio Cantanzarite, deceased, against the T. A. Gillespie Company. From an order denying plaintiff’s motion from a preference on the calendar, plaintiff appeals.
1Per curiam
The order appealed from must be affirmed. The record before us does not contain the pleadings in the action, nor is there anything in it from which we are able to determine that the plaintiff is entitled to the preference claimed. Such right cannot be inferred solely from the title of the action. Roberts v. Jenkins, 52 App. Div. 491, 65 N. Y. Supp. 385.
The order must be affirmed, with $10 costs and disbursements.
2Cases cited1 opinion
- Roberts v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1900