Molloy v. Starin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter P. Molloy, an infant, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 18th day of June, 1909.
1Opinion of the Court
Scott, J.:
This is an appeal by plaintiff from an order denying his motion to revive the action against the executor and executrix of John II. Starin, deceased. The action sounds in tort being for damages for *543what is claimed to have been Starin’s negligence. Upon the first trial of the cause plaintiff recovered a verdict which was reversed by this court (113 App. Div. 852). Upon a second trial plaintiff again recovered and his judgment was affirmed by this court. (119 App. Div. 884). An appeal was taken to the Court of Appeals, which reversed the judgment and ordered a new trial (191 N. Y.…
2Cases cited5 opinions
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Molloy v. . StarinNew York Court of Appeals · 1908
- Hughes v. RussellAppellate Division of the Supreme Court of the State of New York · 1906
- Lutz v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Molloy v. StarinAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Trampusch v. KastnerAppellate Division of the Supreme Court of the State of New York · 1935
- McDonnell v. . GerkenNew York Court of Appeals · 1922
- Gottlieb v. Peck & Mack Co.Appellate Terms of the Supreme Court of New York · 1910