Wise v. Cohen. No. 2

Full title: JOHN S. WISE and HENRY A. WISE, Respondents, v . PAULINE COHEN, Appellant…

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

Date published: Jun 15, 1906

113 App. Div. 865 (N.Y. App. Div. 1906)

99 N.Y.S. 667

Opinion

June 15, 1906.

Edward W.S. Johnston, for the appellant.

Evan Shelby, for the respondents.

INGRAHAM, J.:

This is an appeal from an order of the Special Term requiring the defendants to prepare a judgment roll and enter judgment signed by the trial justice, and in the event of their failure to prepare such judgment roll and enter judgment within three days after service of said order, plaintiffs are given leave to prepare the judgment roll and enter judgment thereon.

The facts are stated in an opinion in another appeal in the same action, decided herewith ( Wise v. Cohen, No. 1, 113 App. Div. 859), and for the reasons there stated the order appealed from must be reversed and the motion denied, with ten dollars costs, without disbursements.

O'BRIEN, P.J., PATTERSON and CLARKE, JJ., concurred; LAUGHLIN, J., dissented as to costs.

LAUGHLIN, J. (dissenting):

I dissent in so far as costs and disbursements are not allowed to the appellant.

Order reversed and motion denied, with ten dollars costs, without disbursements. Order filed.