Ladner v. Rieger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Rieger and "others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of April, 1913, upon the decision of the court after a trial at the New York Special Term, with notice of intention to bring up for review an order of the justice who made the decision on which the interlocutory judgment was entered setting aside a former decision signed…
Read the full summary
Appeal by the defendants, Louis Rieger and "others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of April, 1913, upon the decision of the court after a trial at the New York Special Term, with notice of intention to bring up for review an order of the justice who made the decision on which the interlocutory judgment was entered setting aside a former decision signed by him on the 3d day of February, 1913, upon which a formal interlocutory judgment was entered under that date.
1Opinion of the Court
Laughlin, J.:
The record neither contains the decision to which the notice of appeal refers as having been made on the 3d day of Feb*696ruary, 1913, nor the interlocutory judgment said to have been entered thereon; nor does it contain any order which purports" to set aside that decision. It does contain the interlocutory judgment from which the appeal is taken and the decision on which the same was entered. It also contains an order reciting a decision and interlocutory judgment of February 3, 1913, that the trial justice inadvertently refused to find plaintiff’s fourth proposed finding of fact,…
2Cited by3 opinions
- Keene v. ChambersNew York Court of Appeals · 1936
- Rush v. RushNew York Supreme Court · 1932
- Speciale v. SciasciaAppellate Division of the Supreme Court of the State of New York · 1942