Fidelity Dev. Co. v. N.Y. P. C. R.R. Co.

Full title: FIDELITY DEVELOPMENT COMPANY, Respondent, v . NEW YORK AND PORT CHESTER…

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

Date published: Mar 1, 1908

124 App. Div. 934 (N.Y. App. Div. 1908)

Opinion

March, 1908.

Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ.

PER CURIAM:

The order appealed from should be reversed, with ten dollars costs and disbursements, and the proceedings in the action stayed until thirty days after the entry of judgment on the referee's report in the action of Robinson v. New York, Westchester Boston R. Co. ( 123 App. Div. 339), with leave to defendant to then make such further motion as it shall be advised, and with leave to plaintiff to move to vacate the stay if the trial of the above-mentioned action, or the entry of judgment therein, be unreasonably delayed, without costs to either party in this court.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and proceedings stayed as stated in opinion. Settle order on notice.