Marjulies v. Goldstein
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Moses Marjulies against Max Goldstein and others. From an order denying a motion for resettlement of the case on appeal, plaintiff appeals. Reversed.
1Per curiam
The papers upon which the court acted when denying the motion for resettlement, as recited in the order, present no dispute of fact as to the condition of the record, and it thus appears that the admission as to the date of service of the answer was made as claimed at the trial, and that the statements of counsel to the jury deemed to be prejudicial were actually made. In the absence of any suggestion that the denial was.based upon the justice’s recollection of the facts at the trial, the matter may be reviewed upon the papers before him (Zimmer v. R. R. Co., 28 App. Div. 504, 51 N. Y. Supp.…
2Cases cited1 opinion
- Zimmer v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- McMahon v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1906