Caponigri v. . Altieri
New York Court of Appeals
Motion for reargnment of an appeal, by permission, from a judgment of the Appellate Division of the .Supreme Court in the first judicial department, entered upon an order made May 6, 1898, reversing a judgment in favor of defendants, rendered by the Appellate Term of the Supreme Court, which affirmed a judgment of the General Term of the Mew York City C°nrt affirming a judgment entered upon a verdict.
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Motion for reargnment of an appeal, by permission, from a judgment of the Appellate Division of the .Supreme Court in the first judicial department, entered upon an order made May 6, 1898, reversing a judgment in favor of defendants, rendered by the Appellate Term of the Supreme Court, which affirmed a judgment of the General Term of the Mew York City C°nrt affirming a judgment entered upon a verdict. (See 164 M. Y. 476.) The nature of the action and the facts, so far as material, are stated in the opinion. Under the state statute, “ The knowingly taking, receiving, reserving or charging ”…
1Opinion of the CourtMartin, J.
This is a motion for a reargument. Its purpose is to procure an order vacating the dismissal of the appeal to this court, and to obtain a determination of the questions of law presented upon the original argument. If we ■improperly dismissed, then it is clearly our duty to decide the case as it was first presented, and no further argument seems necessary.
The dismissal was upon the ground that the facts, as well as the law, were before the Appellate Division, and that court having neither dismissed nor affirmed as to the facts an appeal to this court would not lie. It turns out that although…
2Cases cited5 opinions
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- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- National Bank v. . LewisNew York Court of Appeals · 1878
- Vann v. . RouseNew York Court of Appeals · 1884
- Wellington v. . MoreyNew York Court of Appeals · 1882
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- Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Maloney v. Hearst Hotels CorporationNew York Court of Appeals · 1937
- Schlesinger v. . LehmaierNew York Court of Appeals · 1908
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