Duryea v. Zimmerman
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiffs, Frances C. Duryea and others, as executors, etc., to resettle and amend an order of reversal granted by the Appellate Division. (See 121 App. Div. 560.)
1Opinion of the Court
Gaynor, J.:
The plaintiffs had a judgment for damages upon a verdict. We reversed such judgment, and also the order denying the motion on the minutes for a new trial. The- plaintiffs now move that we amend our order to read that the ^reversal is “upon questions of law only”. The professed object of this is to enable the plaintiffs to appeal to the Oourt of Appeals, but in this the learned counsel for the plaintiffs is entirely mistaken. The addition of these words to our order would not make it appealable to the 'Court of Appeals; and if wé were to add thereto, “and.not on the facts”, the…
2Cases cited2 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907