Cleary v. New York State Railways
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York State Railways, from an order of the County Court of • the county of Monroe, entered in the office of the clerk of said county on the 2d day of June, 1921, dismissing the appeal of the defendant to the County Court from an order of the City Court of Rochester, Civil Branch, denying defendant’s motion to set aside the verdict of the jury and staying proceedings upon execution, by filing an undertaking on said appeal.
1Per curiam
We are of the opinion that the order denying the defendant’s motion to set aside the verdict of the jury and for a new trial is appealable under the provisions of the charter of the city of Rochester (Laws of 1907, chap. 755, § 512, subd. (c), as added by Laws of 1918, chap. 495; Id. § 524-a, as added by Laws of 1920, chap. 434*). As regards the question that the motion was not made timely in the City Court, we think that question should be determined upon the appeal from the order of the City Court which the defendant seeks to *229review. The order dismissing the appeal should be reversed, with…
2Cited by1 opinion
- Cleary v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1921