Legal Opinion

Smith v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1900PublishedCited by 2 opinions

Appeal by the defendant, The City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of May, 1900, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 9tli day of April, 1900, denying the defendant’s motion for a new trial made u]Don the minutes, unless within ten days after service of the order the defendant should pay $50 to…

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Appeal by the defendant, The City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of May, 1900, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 9tli day of April, 1900, denying the defendant’s motion for a new trial made u]Don the minutes, unless within ten days after service of the order the defendant should pay $50 to the plaintiff.

1Opinion of the Court

Jenks, J.:

The order granting the new trial to the - defendant was made on the minutes and "on the exceptions. Ho other ground is specified, and, therefore, the relief was granted on account of the errors of law of the learned trial justice. (Rule 31.) The order is made conditional on the payment of fifty dollars by the defendant. I think that the order is improper, inasmuch as the new trial is granted, not as a matter of favor, but as a matter of right. The practice authorized by such cases as Bailey v. Park (5 Hun, 41); O'Shea v. McLear (15 Civ. Proc. Rep. 69); Lyons v. Connor (53 App. Div.…

2Cases cited5 opinions

  1. Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
  2. Knapp v. CurtisNew York Supreme Court · 1832
  3. Van Rensselaer v. DoleNew York Supreme Court · 1800
  4. Robbins v. Hudson River RailroadThe Superior Court of New York City · 1860
  5. Lyons v. ConnorAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by2 opinions

  1. Gunderson v. Eastern Brewing Co.New York Supreme Court · 1911
  2. Terriberry v. MathotAppellate Division of the Supreme Court of the State of New York · 1905

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