Hyperlawhypertext legal database Spingarn v. National Surety Co. 131 N.Y.S. 712

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Spingarn v. National Surety Co.

131 N.Y.S. 712 Court N.Y. App. Term Decision date 1911-10-16 English

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p. 712
SPINGARN v. NATIONAL SURETY CO.
(Supreme Court, Appellate Term.
October 16, 1911.)

Headnote

Appeal and Error (§ 843*)—Questions Reviewable—Moot Questions.
The court, on appeal from an order which is no longer operative, will ■ not determine its prior validity.
[Ed. Note.—Eor other cases, see Appeal and Error, Cent. Dig. §§ 3831-8342; Dec. Dig. § 843.[1] ]
Appeal from City Court of New York, Special Term.
Action by Israel Spingarn against the National Surety Company. Prom an order of the City Court of the City of New York, defendant appeals. Dismissed.
Argued before SEABURY, GUY, and COHALAN, JJ.
Joseph L. Prager, for appellant.
Herman Kahn, for respondent.

That portion of the order appealed from by the defendant relieved the plaintiff herein from giving security for costs

p. 713
in the action, pending an appeal to this court by him from an order opening the defendant’s default. See appeal in order No. 11.[1] As we have affirmed that order, the order in this appeal is no longer operative, and we therefore need not determine as to its prior validity. Appeal dismissed, without costs or disbursements.

† † Affirmed without opinion.