In re Tubbiolo
Appellate Division of the Supreme Court of the State of New York
Appeal by the Brooklyn Heights Railroad Company from an' order of the Supreme 'Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of February, 1911, denying the appellant’s motion to vacate an order entered in said clerk’s office on the 9th day of January, .1911.
1Opinion of the Court
Thomas, J.:
Tubbiolo sued defendant for personal injuries; the verdict' was against him and was affirmed by this court and reargument denied,* whereupon leave .to appeal was denied by this ' court and the Court of. Appeals. Then came a motion fora new trial on the ground of newly-discovered evidence, which was twice denied, and plaintiff died in December, 1910, after filing, notice of appeal. In January, 1911, there was entered an ex parte order permitting plaintiff to prosecute the action and appeal as if it had been origmally brought by her, and from ah order denying a motion to set this…
2Cases cited1 opinion
- Tubbiolo v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Forte v. Locke Insulator Corp.Appellate Division of the Supreme Court of the State of New York · 1935