Zeisloft v. George V. Blackburne Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment for the plaintiff which was rendered by the City Court of the city of Few York, at Trial Term, upon a verdict in the plaintiff’s favor. Action for damages for the breach of a contract of employment by the plaintiff’s wrongful discharge from the defendant’s employ.
1Opinion of the CourtBischoff, J.
The state of the record precludes us from considering the verdict in the light of the weight of the evidence. There is no direct appeal from the order entered *596upon the denial of the defendant’s motion for a new trial, made upon the minutes of the trial court immediately after the verdict was rendered. The appeal, according to the tenor of the notice, is from the judgment only, and the order denying defendant’s motion for a new trial is sought to he reviewed as an intermediate one (Code Civ. Pro., §§ 1301, 1316) ; and while such an order, if made and entered before judgment, and specified in…
2Cases cited3 opinions
- Fox v. . MatthiessenNew York Court of Appeals · 1898
- Haines v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
- Willson v. HendersonNew York Supreme Court · 1857
3Cited by1 opinion
- Prager v. SchafussAppellate Terms of the Supreme Court of New York · 1906