Bradstreet's Collection Bureau v. Nagler's Brass Works, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Municipal Court of the city of New York, borough of Manhattan, first district, which vacates and sets aside a judgment after a trial before a justice without a. jury, and dismisses the complaint.
1Opinion of the CourtGuy, J.
This case was tried before the court without a jury and a judgment rendered in favor of the plaintiff on the 12th day of January, 1916. Subsesequently by an order entered on the 7th day of February, 1916, the justice who tried the case vacated and set aside the judgment and dismissed the complaint upon the merits. The power to do this is attacked upon this appeal.
Section 6, subdivision 7, of the Municipal Court Code declares that that court has power “ To vacate, amend, correct or modify any process, mandate, judgment, order or final order, in the furtherance of justice, for any error in form…
2Cases cited2 opinions
- Schmitt v. QuerengaesserAppellate Terms of the Supreme Court of New York · 1916
- Petsche v. MacDonaldAppellate Terms of the Supreme Court of New York · 1916
3Cited by3 opinions
- Bradstreets Collection Bureau v. Nagler's Brass Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- De Leon v. Aetna Life Insurance Co. of HartfordCity of New York Municipal Court · 1949
- Madison Avenue Realty Corp. v. ImbriciCity of New York Municipal Court · 1950