Fot v. Barry
Appellate Division of the Supreme Court of the State of New York
Exceptions from Trial Term. Action by Frank Foy against Thomas Barry and others. Motion by plaintiff for a new trial on exceptions ordered to be heard by the Appellate Division in the first instance. Motion granted.
1Opinion of the CourtHatch, J.
When this case was called for trial the defendants’ counsel made a motion that the complaint be dismissed upon the ground that it did not state facts sufficient to constitute a cause of action. The court granted the motion, and plaintiff’s counsel excepted to the dismissal as to the defendants Soper and James Barry. The plaintiff then moved for a new trial, which, motion was denied,, to which the plaintiff excepted, and the court ordered the exceptions to be heard by the Appellate Division in the first instance.
The complaint averred that the defendant Soper is a constable of Essex county, in…
2Cases cited2 opinions
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
- Cousins v. SwordsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Palmer Ford, Inc. v. WoodCourt of Appeals of Maryland · 1984
- Dorak v. County of NassauDistrict Court, E.D. New York · 1970