Smith v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 30th day of March, 1908, upon the verdict of a jury for $1,700, and also from an order entered in said clerk’s office on the 6th day of April, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Concurrence
Gaynor, J. (concurring):
I do not find that the respondent makes any question that a trial Judge may reserve decision on the motion for a new trial on the minutes, or that the moving party waives any right by failing to except to his doing so. Ho such absurdity was ever heard of. The objection of the respondent is that the motion of the defendant for a dismissal at the close having been reserved by the trial Judge until after verdict, there is in the record no exception to the denial of that motion, which did not occur until after verdict. The appellant omitted to file such exception, as it…
2Cases cited1 opinion
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907