Ten Eyck v. Bookman

Order modified, so as to provide, as a condition of permitting defendants to answer, that they be required to pay the costs and disbursements awarded by this court on the former appeal herein, together with the costs and disbursements on this appeal, and, as so modified, said order is affirmed, with $10 costs and disbursements to the plaintiff.

dissents, voting for affirmance on the ground that no order or judgment has ever been entered on the decision of the Appellate Division or served on the defendants, so as to require compliance therewith, under section 1355 of the Code of Civil Procedure and Stevens v. Central National Bank, 162 N. Y. 253, 56 N. E. 628.

dissents on the ground that the appellant has not taken an appeal from the order of which he complains, but simply from the order correcting the same.