Miksan v. Rohe & Brother — 160 A.D. 918

Majority

p. 918

John Miksan, Respondent, v. Rohe & Brother, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 23d day of December, 1913, granting a motion that defendant be directed to permit plaintiff to operate a certain elevator in the premises of the defendant.

It appears that the appellant has already exercised every right to which it was entitled and which was secured to it by the original order for “inspection.” The order appealed from is, therefore, reversed, with ten dollars'costs and disbursements, and the motion denied, with ten dollars costs. Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.