Majority
p. 1049(34 Misc. Rep. 517.) PETTY v. METROPOLITAN ST. RY. CO. (Supreme Court, Appellate Term. April 8, 1901.) Argued before BISCHOFF, P. J., and CLARKE and LEVEN-TBITT, JJ.
Headnote
Appeal—To Supreme Court—From City Court, General Term—Leave to Discontinue without Costs.Under Code Civ. Proc. § 3191, providing that an appeal may be taken to the supreme court from an actual determination made by the city court of the city of New York in certain cases, the supreme court has no power to review an order of the general term of the New York city court reversing an order qf the special term granting plaintiff leave to discontinue an action without costs, since the allowance of costs in the first instance was discretionary, and no substantial right was involved.
Appeal from city court, general term.
Action by Minnie Petty against the Metropolitan Street-Railway Company. From an order of the general term ( 68 N. Y. Supp. 730 ) reversing an order of the special term granting plaintiff leave to discontinue the action without costs, plaintiff appeals.
Appeal dismissed.
V. D. Birdsall, for appellant.
Henry A. Robinson, for respondent.
This is an appeal from an order of the general term of the city court reversing an order of the special term granting leave to the plaintiff to discontinue the action without costs. The allowance of costs in the first instance being discretionary, and no substantial right being involved, this court is without power to review the order below. Code, § 3191; De Barante v. Deyermand,
p. 1050
41 N. Y. 355 ; Martin v. Hotel Co., 70 N. Y. 101 ; Kreizer v. Allaire, 16 Misc. Rep. 6 , 37 N. Y. Supp. 687 .
Appeal dismissed, with costs.
Cases cited
- De Barante v. Deyermand 41 N. Y. 355 p. 1050
- Martin v. Windsor Hotel Co. 70 N. Y. 101 p. 1050
- Kreizer v. Allaire 16 Misc. Rep. 6 at 37 p. 1050