Toher v. Schaefer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Owen Toher against John V. Schaefer, Jr. From an order imposing a larger sum than $10 on plaintiff as a condition of his right to amend the pleading, he appeals. Dismissed. See 91 N. Y. Supp’. 3.
1Per curiam
The order appealed from is not one of those enumerated in sections .253, 254, 255, or 256 .of the Municipal Court act (Laws 1902, pp. 1562, 1563, c. 580), and is therefore not appeal-able to this court. Spiegelman v. Union Ry. Co., 95 App. Div. 92, 88 N. Y. Supp. 478; Cohen v. Ridgewood Shirt Co. (Sup.) 84 N. Y. Supp. 188; White v. Lawyers’ Surety Co. (Sup.) 84 N. Y. Supp. 247.
While we have not jurisdiction to entertain this appeal, we deem it proper, nevertheless, to point out that under section 335, p. 1588, of the Municipal Court act, a justice of the Municipal Court can in no event impose…
2Cases cited3 opinions
- Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- White v. Lawyers' Surety Co.Appellate Terms of the Supreme Court of New York · 1903
- Cohen v. Ridgewood Shirt Co.Appellate Terms of the Supreme Court of New York · 1903
3Cited by1 opinion
- Toher v. SchaeferAppellate Terms of the Supreme Court of New York · 1906