¶1Order reversed, on the law and facts, with ten dollars costs and disbursements, and matter remitted to Special Term for costs to be fixed in accordance with section 1515 of the Civil Practice Act, upon the ground that the order appealed from violates such section. The appeal from the judgment did not bar the appellant from appealing from the order adjusting costs. (Long Island Contracting & Supply Co. v. City of N. Y., 142 App. Div. 1; McDermott v. Yvelin, 103 id. 418.) Van Kirk, P. J., Hinman, Hill, Rhodes and Crapser, JJ., concur.
236 A.D. 876
Garrett v. Pecker
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1932
Appellate Division of the Supreme Court of the State of New York · decided 1932-11-15
Decided 1932-11-15