Opinion
June Term, 1896.
Present — Van Brunt, P.J., Barrett, Patterson and Ingraham, JJ.
Orders affirmed, with ten dollars costs and disbursements in each case, on opinion of Mr. Justice Lawrence at Special Term.
The following is the opinion of Mr. Justice Lawrence:
Motions are made in each of these cases for an order staying the operation of the injunction contained in the judgments therein pending an appeal to the Court of Appeals, and extending the time of the defendants to make the tenders and payments provided for by said judgments until such time as may be reasonable after the decision of the appeal which the defendants have taken to the Court of Appeals. The granting of such motions would be a matter of course in ordinary cases. But in these cases it appears that each of the judgments, after modification as to damages, was unanimously affirmed by the Appellate Division; and inasmuch as the new Constitution provides that no unanimous decision of the Appellate Division of the Supreme Court that there is evidence supporting or tending to sustain the finding of fact on a verdict not directed by the court shall be reviewed by the Court of Appeals, there is no necessity for a stay, because upon the face of the papers the appeal must be fruitless. Motions denied, with costs.