Drake v. New York Suburban Water Co. — 162 N.Y. 646

Majority

p. 646

John R. Drake, Appellant, v. The New York Suburban Water Company et al., Respondents. Thomas P. Wickes, as Receiver of the Firm of Coffin & Stanton, Appellant.

Headnote

Reported below, 86 App. Div. 275 .

(Argued April 16, 1900;

decided April 20, 1900.)

Motion to dismiss an appeal from' an order of the Appellate Division of the Supreme Court in the second judicial department, made at the January term, 1899, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial.

The motion was made upon the ground that, the action having terminated in favor of the defendant New York

p. 647

Suburban Water Company, nothing remains for this court to decide but an abstract question of law.

I. M. Dittenhoefer for motion.

George C. Lay opposed.

Motion denied, with ten dollars costs.