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Levin v. Dietz

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1910
136 App. Div. 925 (N.Y. App. Div. 1910)

Opinion

January, 1910.


The appeal from the order of October 19, 1909, is dismissed, with ten dollars costs and disbursements, upon the ground that such order is not appealable. The motion to amend the order of May 27, 1909, was unnecessary. The condition in the order with regard to the filing of the bond being a condition in favor of respondent could be waived by him. The appellant is estopped from claiming his right to a jury trial, and must proceed with the hearing before the referee. Hirschberg, P.J., Jenks, Burr, Thomas and Carr, JJ., concurred.


Summaries of

Levin v. Dietz

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1910
136 App. Div. 925 (N.Y. App. Div. 1910)
Case details for

Levin v. Dietz

Case Details

Full title:Louis Levin and Hyman Meyersohn, Plaintiffs, v. James E. Dietz, Specially…

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

Date published: Jan 1, 1910

Citations

136 App. Div. 925 (N.Y. App. Div. 1910)