Miksan v. Bro. — 145 N.Y.S. 1133

Majority

p. 1133

MIKSAN v. ROHE & BRO.

(Supreme Court, Apnellate Division, First Department.

January 30, 1914.)

Headnote

Appeal from Special Term, New York County. Action by John Miksan against Eohe & Bro. From an order granting a motion that defendant be directed to permit plaintiff to operate an elevator in the premises of defendant, defendant appeals. Eeversed. See, also, 145 N. Y. Supp. 1133. Murray G.

p. 1134

Jenkins, of New York City, for appellant. Roger Foster, of New York City, for respondent.

It appears that the appellant has already exercised every right to which he was entitled and which was secured to him by the original order for “inspection.” . The order appealed from is therefore reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.