New York Court of Appeals, 1906

Matter of City of New York v. . Mitchell

Matter of City of New York v. . Mitchell
New York Court of Appeals · Decided January 16, 1906
76 N.E. 1091; 183 N.Y. 570; 1906 N.Y. LEXIS 842 (North Eastern Reporter)

Matter of City of New York v. . Mitchell

Opinion of the Court

Motion to amend remittitur so as to provide that “ the order and judqment appealed from be affirmed, with costs.” (See 183 N. Y. 245.)

Motion denied, without costs. What appears to be designated in the record on appeal as a judgment of the Appellate Division is, under sections 2141 and 2143 of the Code of Civil Procedure, denominated a final order. It is that order which has been affirmed by this court, and the application is, therefore, unnecessary ; we prefer to adhere to the nomenclature prescribed by the Code.

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