Balch v. City of Utica

Full title: Orville Balch, Respondent, v. The City of Utica, John A. Cantwell, as…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 1, 1899

43 App. Div. 615 (N.Y. App. Div. 1899)

Opinion

July Term, 1899.

PER CURIAM:

Order appealed from reversed upon the ground that the judgment against the defendant Kinney granting affirmative relief to his co-defendants is invalid, for reasons given, on the appeal from the order denying the motion of the defendant Kinney to modify the judgment, in the opinion of Nash, J. ( 42 App. Div. 567). Ten dollars costs of this appeal and disbursements, and ten dollars costs of motion at Special Term, to the appellant Kinney against the respondents, The City of Utica, John A. Cantwell and Henry Stappenbeck. All concurred.