Edelstein v. Levine

Plaintiff’s action sounded in negligence. On January 24, 1929, he was given a verdict for $35. On January 26 plaintiff served on defendant a notice of motion for a new trial, based upon the minutes of the court, making it returnable on February 5, 1929. It was not heard until April 16, 1929, when defendant appeared specially and moved to dismiss the motion for a new trial upon the ground that it had not been heard within the time fixed by law. This motion was taken under advisement. There were continuances. The matter was again taken up by the court on May 1, 1929, when the parties were in…