Legal Opinion
Miltenberg & Samton, Inc. v. Falkingham
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1948PublishedCited by 9 opinions
1Per curiam
The trial court was without power to substantially change the decision and direction for judgment filed on December 24, 1947. The second decision made seven days-later which purported to grant judgment to plaintiff on the second cause of action in place of a judgment for the defendant as directed in the original decision was a nullity.
When a decision on the merits has been rendered after a trial, the court is without power to make a different decision. It may only correct errors clerical in their nature or in a proper case, it may set aside its decision and order a new trial, but it is not…
2Cases cited5 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Kamp v. . KampNew York Court of Appeals · 1874
- Corr v. HoffmanNew York Court of Appeals · 1931
- Hydraulic Power Co. v. Pettebone-Cataract Paper Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Heinitz v. DarmstadtAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by9 opinions
- Hansen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948
- United States v. 49,375 Square Feet of LandDistrict Court, S.D. New York · 1950
- Cohen v. HolmesDistrict of Columbia Court of Appeals · 1954
- Rusciano & Son Corp. v. StateNew York Court of Claims · 1952
- Silbermann v. MortonAppellate Division of the Supreme Court of the State of New York · 1948
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