Civil Procedure · MBE-tested
The New York, Lackawanna and Western Railway Company, Respondent, v. The Erie Railroad Company, Appellant, Impleaded with Another
157 N.Y. 674·New York Court of Appeals·1898·NY
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Opinion
The New York, Lackawanna and Western Railway Company, Respondent, v. The Erie Railroad Company, Appellant, Impleaded with Another.
N. T., L. & W. B. Go. v. Brie B. B. Go., 81 App. Div. 878, appeal dismissed.
(Argued October 3, 1898;
decided October 11, 1898.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, rendered at the June Term, 1898, reversing a judgment in favor of defendant entered upon a decision of the Monroe Special Term dismissing a petition under the Condemnation Law, Code of Civil Procedure, sections 3357 and 3360, to condemn a portion of defendant’s railroad.
The motion was made upon the ground that the judgment is not appealable under subdivision 1 of section 190 of the Code of Civil Procedure.
John Gr. Milburn for motion.
Adelbert Moot opposed.
[MAJORITY]
Appeal dismissed, with costs.