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Courtney v. Metropolitan St. Railway Co.

59 N.Y.S. 1101 Court N.Y. App. Term Decision date 1899-07-26 English

Delivered by FREEDMAN, P. J.

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p. 1101
COURTNEY et al., Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
July 26, 1899.)

Headnote

Action by Frederick Courtney and others against the Metropolitan Street-Railway Company. From a judgment for plaintiff, defendant appeals, and plaintiff moves to dismiss the appeal.
Motion granted.
Henry A. Robinson, for appellant. Lachman & Goldsmith, for respondent.

The irregularities complained of, and especially the alterations, affecting the date of the judgment appealed from, which appear in the notice of appeal and in the undertaking filed in the office of the clerk of the court below, are, taken together, of so grave a character that practically no sufficient notice of appeal was served within the statutory time. The motion to dismiss the appeal should be granted, with $10 costs. Motion to dismiss appeal granted, with $10 costs to respondent.

MacLEAN, J., concurs.