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City of Buffalo v. Delaware, Lackwanna & Western Railroad

106 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1907-10-02 English

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p. 1120
CITY OF BUFFALO, Respondent, v. DELAWARE, L. & W. R. CO., et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October 2, 1907.)

Headnote

Action by the city of Buffalo against the Delaware, Lackawanna & Western Railroad Company and another.

Order affirmed, with $10 costs and disbursements, upon condition that the plaintiff tender to the defendants a stipulation consenting to proceed to the trial of the action upon five days’ notice before the court or a referee to be named by the court. In case of failure to tender such stipulation within three days after the entry of this order, the order appealed from is reversed, with $10 costs and disbursements. Held, that a decision of the controversy upon the merits should not be made upon this motion, but only after final judgment.