Stern v. Knapp
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Joseph Stern and others, from an order of the Municipal Court of the city of New York, first district, borough of Brooklyn, made on the 27th day of November, 1899, setting aside a judgment in favor of the plaintiffs rendered in said court on the 17th day of November, 1899, and granting a new trial, and also from a judgment of said court rendered on the 7th day of December, 1899, dismissing.the plaintiffs’ complaint.
1Opinion of the Court
Willard Bartlett, J.:
The first judgment in this action was rendered after atrial before Justice Adolph H. Goetting, and awarded the plaintiffs $249 and costs. After its rendition the defendant procured an order to show cause why said judgment should not be corrected so as to conform to the finding of the- court and make' the recovery an amount not exceeding $40. Upon the return of the order to show cause the justice, instead of correcting the judgment, made an order in these words:
“ Motion to set aside judgment for a new trial granted, without costs, judgment and lien to stand as security,…
2Cases cited1 opinion
- Strassner v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Gordon v. TrainorAppellate Terms of the Supreme Court of New York · 1905