Papenmeyer v. Roddy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward IT. Roddy, from an order of the County Court of Nassau county, entei’ed in the office of the clerk of said county on the 26th day of November, 1910, reversing a judgment of the Justice’s Court in favor of the defendant, and directing a new- trial before the same justice, and' also from a judgment entered in said clerk’s office on the same day upon said order of reversal.
1Opinion of the Court
Rich, J.:
The single question for our consideration is whether, upon reversing a judgment of a justice of the peace upon the ground that the complaint was erroneously dismissed, the County Court may direct a new trial before the same justice at a time and place fixed in the order.
The plaintiff sued the defendant to recover commissions on the sale of defendant’s automobile, and at the close of 'the evidence the defendant’s motion to dismiss the complaint upon the ground that the plaintiff had failed to prove a cause of action was granted. The County Court held that this was error, reversed the…
2Cited by2 opinions
- Ceas v. Pease, New York County Courts1941
- Carota v. MaxAppellate Division of the Supreme Court of the State of New York · 1924