Handy v. Butler
Appellate Division of the Supreme Court of the State of New York
Motion for leave to appeal to the Appellate Division from an order and determination of the Appellate Term of the Supreme Court.
1Opinion of the Court
Jenks, P. J.:
In view of the many applications under section 1344 of the Code of Civil Procedure for allowances of an appeal from *360the Appellate Term, to the Appellate Division, I shall state the general principles which determine such applications.
The right of an appeal has been recognized uniformly by the Legislature as “ Our law considers it an essential right of a suitor to have his cause examined in tribunals superior to those in which he considers himself aggrieved.” (Yates v. People, 6 Johns. 364.) But there is no constitutional guaranty of that right. (People v. Dunn, 31 App. Div. 145;…
2Cases cited5 opinions
- People v. . DunnNew York Court of Appeals · 1899
- Leach v. AuwellAppellate Division of the Supreme Court of the State of New York · 1912
- Lesster v. Lawyers' Surety Co.Appellate Division of the Supreme Court of the State of New York · 1900
- People v. DunnAppellate Division of the Supreme Court of the State of New York · 1898
- Manheim v. SeitzAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- Cuyler Realty Co. v. Teneo Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Barbaro v. CuneoAppellate Division of the Supreme Court of the State of New York · 1922
- Brittingham v. S. B. Penick & Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Gray v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1921
- Mildner v. GulottaDistrict Court, E.D. New York · 1976
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