Liesny v. Metropolitan Life Insurance

While the motion was pending, no stay of entry of judgment upon the verdict having been granted, the plaintiff entered judgment upon the verdict and served notice thereof. Pending the argument upon the motion, on the last day to appeal from the judgment, in order to protect its rights, the defendant appealed from the judgment to the Appellate Division. Upon the hearing of the motion the plaintiff raises the preliminary objection that the pend-ency of the appeal in the Appellate Division deprived this court of jurisdiction to determine the motion. I do not think the appeal has that effect. The…