Haber v. Paramount Ice Corporation

Pound, Ch. J.

The appeal from an order granting a new trial after a judgment of reversal is properly in this court. (New York State Const, art. VI, § 7 [2].) The action was to restrain a private nuisance alleged to exist by reason of the operation of an ice plant. If the Appellate Division had made new findings of fact, this court would not be limited to the review of questions of law. The mere reversal of the findings of fact indicates that the Appellate Division decided on conflicting evidence that such findings were not sustained. Instead of rendering final judgment upon the right of the…