Hand v. Rogers
Appellate Terms of the Supreme Court of New York
Motion, by plaintiff-appellant for reargument, under rule 4 of the Appellate Division, regulating the hearing of appeals from the City and District Courts. ¡
1Per curiam
The practice is settled that no motion for resrgmnent will he entertained, except upon papers showing clearly:(1) That some question decisive of the case, and. duly sub- . mitted by counsel, has been overlooked by the court; or(2) That the decision is in conflict with an express statute or with a controlling decision, either overlooked by the court, or to which its attention was not drawn through the inadvertence, of counsel (Mount v. Mitchell, 32 N. Y. 702), followed by the Common Pleas as a rule of practice in reference to. appeals from the City and District Courts (Curley v. Tomlinson, 5…
2Cases cited3 opinions
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
- Curley v. TomlinsonNew York Court of Common Pleas · 1874
- Mount v. . MitchellNew York Court of Appeals · 1865
3Cited by12 opinions
- Eliasberg v. Standard Oil Co.New Jersey Superior Court Appellate Division · 1952
- Robinson v. Federal Telephone & Radio Corp.New Jersey Superior Court Appellate Division · 1957
- Davis v. BonnAppellate Terms of the Supreme Court of New York · 1896
- Fraser v. Alpha Combined Heating & Lighting Manufacturing Co.City of New York Municipal Court · 1899
- Gleason v. ThomAppellate Terms of the Supreme Court of New York · 1896
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