Legal Opinion

Cleary v. New York State Railways

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

Decided November 23, 1921PublishedCited by 5 opinions

Re argument of an appeal by the defendant, New York State Railways, from an order of the County Court of the county of Monroe, entered in the office of the clerk of said county on the 2d day of June, 1921, dismissing the appeal of the defendant to the County Court from an order of the City Court of Rochester, Civil Branch, denying defendant’s motion to set aside the verdict of the jury and staying proceedings upon execution, by filing an undertaking on said appeal.

1Opinion of the Court

Kruse, P. J.:

This is a reargument of the appeal from an order of the County Court which dismissed the appeal from an order of the City Court denying the defendant’s motion to set aside the verdict of the jury. Upon the disposition of the appeal after the first argument in this court, we held that an order denying the defendant’s motion to set aside the verdict of the jury and for a new trial is appealable under the provisions of the charter of the city of Rochester (Laws of 1907, chap. 755, § 512, subd. (c), as added by Laws of 1918, chap. 495; Id. *29§ 524-a, as added by Laws of 1920, chap.…

2Cases cited1 opinion

  1. Cleary v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by5 opinions

  1. Catholic Women's Benevolent Legion v. BurkeAppellate Division of the Supreme Court of the State of New York · 1938
  2. Clinton Trust Co. v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1937
  3. People v. Midland InsuranceNew York Supreme Court · 1978
  4. Jamaica Savings Bank v. Risian Realty Corp.New York Supreme Court · 1937
  5. People v. Brenner, New York County Courts1938

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API