Smith v. Lidgerwood Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Robert J. Smith against the Lidgerwood Manufacturing Company. From an order denying a motion for a new trial, defendant appeals.
1Per curiam
We think that the appellant was not restricted by section 1002 of the Code of Civil Procedure to move at a special term presided over by the learned justice who sat at the trial, inasmuch as the motion was not founded on an allegation of error in a finding of fact or ruling upon the law made on the trial. Fleischmann v. Samuel, 18 App. Div. 97, 45 N. Y. Supp. 404, appeal dismissed 154 N. Y. 731, 49 N. E. 1097; Kehrley v. Shafer, 92 Hun, 196, 36 N. Y. Supp. 510. The controlling question in this case before the special term was whether a new trial should have been *976granted in furtherance of…
2Cases cited6 opinions
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Glassford v. LewisNew York Supreme Court · 1894
- Fleischmann v. SamuelAppellate Division of the Supreme Court of the State of New York · 1897
- Gawthrop v. LearyNew York Court of Common Pleas · 1880
- Kehrley v. ShaferNew York Supreme Court · 1895
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