Brown v. Grossman
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Special Term of the City Court of the city of New York, granting a motion by defendants for an order directing plaintiffs-appellants to accept service of a certain proposed case on appeal.
1Opinion of the CourtGrrenbaum, J.
The time limitation affecting motions for a new trial under section 10051 of the Code of Civil Procedure applies to motions “ founded upon an allegation of error, in a finding of fact, or ruling upon the law, made by the judge upon the trial.” Fleisehmann v. Samuel, 18 App. Div. 99.
The motion for the new trial in this case is specifically *154stated not to be based upon any error in a finding of fact (clearly not applicable to a jury trial) or ruling upon the law made by the judge upon the trial of the action, but is expressly limited to the grounds that the “ verdict is contrary to the law as…
2Cases cited2 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Fleischmann v. SamuelAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Brown v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1909