Hiddink v. Woolverton — 119 N.Y.S. 1128

Majority

p. 1128

HIDDINK v. WOOLVERTON.

(Supreme Court, Appellate Term.

November 12, 1909.)

Headnote

Appeal from City Court of New York, Special Term. Action by Carrie L. Hiddink against William H. Woolverton, as president of the New York Transfer Company. From an order, “in so far as the same fails to amend the interlocutory judgment * * * by striking therefrom the words ‘ten dollars ($10),’ and leaving the amount of costs to be adjusted by the clerk,” defendant appeals.

Dismissed.

Holden & Rogers (Clarence R. Rogers, of counsel), for appellant.

Hill, Lockwood, Redfield & Lydon (Joseph E. Russell, of counsel), for respondent.

An examination of the order shows that, while not in the usual form, it does strike out the words “ten dollars ($10),” and leaves the amount of costs to be adjusted by the clerk. The appeal is therefore dismissed, with $10 costs and disbursements.