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Appellate Division of the Supreme Court of New York, 1922

103 Park Avenue Co. v. Exchange Buffet Corp.

103 Park Avenue Co. v. Exchange Buffet Corp.
Appellate Division of the Supreme Court of New York · Decided December 22, 1922
203 A.D. 739; 197 N.Y.S. 422; 1922 N.Y. App. Div. LEXIS 7296

Counsel

Deering & Deering [James J. Dunn of counsel; James R. Deering with him on the brief], for the appellant., Rippe & Michael [Maurice L. Rippe of counsel], for the respondent Exchange Buffet Corporation., John P. O’Brien, Corporation Counsel [Charles J. Nehrbas of counsel], for the respondents City of New York and another.

103 Park Avenue Co. v. Exchange Buffet Corp.

Opinion of the Court

Per Curiam:

This is 'an action in equity to enjoin the comptroller of the city of New York from paying an award to the defendant Exchange Buffet Corporation, and that it be adjudged that the plaintiff is entitled to said award. This being an appeal from an order denying a motion for summary judgment under rule 113 of the Rules of Civil Practice, the appeal should be dismissed, with ten dollars costs and disbursements. Besides, rule 113 does not apply to this action.

Present — Clarke, P. J., Dowling, Merrell, Greenbaum and Finch, JJ.

Appeal dismissed, with ten dollars costs and disbursements.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.