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Petty v. Metropolitan Street Railway Co.

34 Misc. 517 Court N.Y. App. Term English

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p. 517
Minnie Petty, Appellant, v. The Metropolitan Street Railway Co., Respondent.
(Supreme Court, Appellate Term,
April, 1901.)

Headnote

Appellate Term — Order of City Court for discontinuance without costs not reviewable — Code C. P., § 3031.
The allowance of costs upon the discontinuance of an action being discretionary and not involving a substantial right, the Appellate Term cannot review an order of the General Term of the City Court of the city of New York reversing an order of the Special Term of that court, permitting the plaintiff tó discontinue without costs. Petty v. Metropolitan ’St. R. Co., 33 Mise. Rep. 728, appeal dismissed.
Appeal from an order of the General Term of the City Court of the city of New York reversing an order of the Special Term.
W. D. Eirdsall, for appellant.
Henry A. Robinson (John T. Little, of counsel), for respondent.

This is an appeal from an order of the General Term of the City Court reversing an order of the Special Term granting leave to the plaintiff to discontinue the action without costs. The allowance of costs in the first instance being discretionary, and no substantial right' being involved, this court is without power' to review the order below. Code, § 3191; De Barante v. Deyermand, 41 N. Y. 355 ; Martin v. Windsor Hotel Co., 70 id. 101; Kreizer v. Allaire, 16 Misc. Rep. 6 .

Present — Bisohoee, P. J., Leventritt and Clarke, JJ.

Appeal dismissed, with costs.

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