Legal Opinion

Lordi v. People's Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 1911PublishedCited by 1 opinion

Motion by the defendant, the People’s Surety Company of Bew York, to dismiss an appeal by the plaintiff.

1Opinion of the Court

Per Curiam :

The plaintiff obtained a judgment in the City Court which was reversed by the Appellate Term and a new trial granted. (69 Misc. Rep. 598.) The Appellate Term allowed an appeal to this court from the order granting a new trial; but the Appellate Term did not require, nor did the appellant tile in the City Court, a stipulation providing that if the order should be affirmed the defendant should have judgment absolute.

Section 3191 of the Code of Civil Procedure provides that where the appeal from the Appellate Term to the Appellate Division is from an order granting a new trial in an…

2Cases cited3 opinions

  1. People v. . GaffeyNew York Court of Appeals · 1905
  2. Lordi v. People's Surety Co.Appellate Terms of the Supreme Court of New York · 1910
  3. Hart v. North German Llyod Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Terminato v. FeitAppellate Division of the Supreme Court of the State of New York · 1968

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