Wallace v. Dinniny
New York Court of Common Pleas
Motion by appellant, in the alternative, for reargument of the appeal or for leave to appeal to the Court of Appeals from judgment of affirmance of this court.
1Opinion of the CourtBischoff, J.
Nothing is found in the points upon which this motion is founded which could alter the conclusion as originally reached upon the questions presented by the appeal. Wallace v. Dinniny, 11 Misc. Rep. 317; 32 N. Y. Supp. 159. And no point of law is now raised which was not considered in reaching that conclusion or which could have involved a contrary result if urged at that time. Hence a reargument is not to be ordered. Mount v. Mitchell, 32 N. Y. 702.
That there was no evidence in the case from which the juiy could have found a surrender of the lease originally executed by the parties is clear…
2Cases cited4 opinions
- Mount v. . MitchellNew York Court of Appeals · 1865
- Wallace v. DinninyNew York Court of Common Pleas · 1895
- Spofford v. RowanNew York Court of Common Pleas · 1887
- Fulton v. Metropolitan Life Ins.New York Court of Common Pleas · 1892