Legal Opinion

Cohen v. Krulewitch

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

Decided March 15, 1903Published

Appeal by the defendant, Lewis Krulewitch, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 13th day of January, 1903, granting plaintiff’s motion to restore this cause to the general calendar..

1Opinion of the Court

Ingraham, J.:

This action, which was to recover a broker’s commissions, came on for trial before a jury, and there having been a verdict for the plaintiff the court granted-a motion for a new trial upon thé judge’s minutes, which upon appeal to this court was affirmed, whereupon the plaintiff moved to restore the case to the calendar and that the same be set down for trial. The defendant opposed this motion upon the ground that the costs allowed by the order of this court affirming the order granting a new trial had not been paid, and that, therefore, all proceedings on the part of the…

2Cases cited5 opinions

  1. Mcintyre v. German Savings BankNew York Supreme Court · 1891
  2. Eisenlord v. ClumNew York Supreme Court · 1889
  3. Hunt v. SullivanAppellate Division of the Supreme Court of the State of New York · 1903
  4. Hunt v. SullivanAppellate Division of the Supreme Court of the State of New York · 1903
  5. Van Woert v. AckleyNew York Supreme Court · 1890

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