Caldwell v. . the City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for an alleged breach of contract.
1Per curiam
It is impossible for this court to pass upon the important questions of law involved in this case unless they shall be brought up hereafter by the defendant’s appeal from a judgment of affirmance against him after a new trial conducted in accordance with the opinion of the Appellate Division. We are obliged to dismiss the present appeal upon the authority of Wright v. Smith (209 N. Y. 249), because there was an appeal to the Appellate Division from an order denying a motion for a new trial as well as an appeal from the judgment; and while the judgment was reversed the order of reversal does…
2Cases cited1 opinion
- Wright v. . SmithNew York Court of Appeals · 1913
3Cited by1 opinion
- People v. . RedmondNew York Court of Appeals · 1919