Garner v. Hellman
Appellate Terms of the Supreme Court of New York
Appeal from an order made and entered in the City Court of the city of New York, granted on plaintiff’s motion placing this cause on the special calendar.
1Opinion of the CourtScott, J.
We are ordinarily reluctant to interfere with the action of the court below in advancing a cause to the *337special calendar for short causes, and in the present ease it is not made to appear that the discretion of the justice making the order was abused. There is involved however in this appeal a question more important than any question of discretion, and that is the impropriety of renewing before one justice a motion which had already been heard and denied by another, without first obtaining leave of the court. This practice has been uniformly and very properly condemned by the courts. It does…
2Cited by1 opinion
- American Hosiery Co. v. HimlerAppellate Terms of the Supreme Court of New York · 1912