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Lazarus v. Metropolitan Elevated Railway Co.

22 N.Y.S. 1106 Court N.Y. Gen. Term Decision date 1893-04-17 English

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p. 1106
LAZARUS et al., Appellants, v. METROPOLITAN EL. RY. CO. et al., Respondents.
(Supreme Court, General Term, First Department.
April 17, 1893.)

Headnote

Action by Sarah Lazarus and others against the Metropolitan Elevated Rail-way Company and the Manhattan Savings Institution to restrain the railway -company from operating its road in front of plaintiffs’ premises. There was judgment for plaintiffs, and, from an order settling the form of a deed from plaintiffs to the railway company, plaintiffs appeal.
Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.
Stickney, Spencer & Ordway, (Nelson S. Spencer, of counsel,) for appellants.
Davies, Short & Townsend, (Brainard Tolies and Julien T. Davies, of counsel,) rfor respondents.

The court, in malting the order appealed from, did nothing except what it was provided by the judgment entered herein it should do. and, in the settling of the form of the deed, in no way exceeded the judgment which had been entered. The order appealed from should be affirmed, with $10 costs and disbursements.