Halfmoon Bridge Co. v. Canal Board — 140 N.Y.S. 1122

Majority

p. 1122

HALFMOON BRIDGE CO., Appellant, v. CANAL BOARD et al, Respondents.

(Supreme Court, Appellate Division, Third Department.

March 14, 1913.)

Headnote

Action by the Halfmoon Bridge Company against the Canal Board and others.

Order ( 78 Misc. Rep. 284 , 139 N. Y. Supp. 156 ) reversed, with $10 costs and disbursements, upon the ground that the order to show cause was made in violation of rule 37 of the General Rules of Practice; the moving papers not showing the condition of the action, whether at issue, and, if not tried, the time appointed for holding the next Special or Trial Term where the action is triable.

Cases cited

Halfmoon Bridge Co. v. Canal Board 78 Misc. Rep. 284 N.Y. Sup. Ct. p. 1122