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Appellate Terms of the Supreme Court of New York, 1911

Diver v. American Ice Co.

Diver v. American Ice Co.
Appellate Terms of the Supreme Court of New York · Decided April 12, 1911 · Gerard
129 N.Y.S. 65 (New York Supplement)

Counsel

Argued before SEABURY, LEHMAN, and GERARD, JJ. Eugene I. Yuells, for appellant., Harold S. Fleischer, respondent in pro. per.

Diver v. American Ice Co.

Opinion of the Court

GERARD, J.

This order recites that it is entered on motion of the payty now appealing. For all that appears here, no objection may have been made before the learned justice below to the amount of the percentage fixed by him. A .party cannot appeal from an order entered in his favor and on his motion. Hooper v. Beecher, 109 N. Y. 609, 15 N. E. 742. If plaintiff raised the question as to the percentage fixed, that fact should appear in the order, and by a resettlement of the order that can be made to appear.

Order affirmed, with $10 costs and disbursements. All concur.

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