Foy v. Barry
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Frank Foy, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial at the ¡New York Trial Term.
1Opinion of the Court
Hatch, 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…
2Cases cited3 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
- Cousins v. . SwordsNew York Court of Appeals · 1900
3Cited by10 opinions
- Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
- Palmer Ford, Inc. v. WoodCourt of Appeals of Maryland · 1984
- Goldstein v. SiegelAppellate Division of the Supreme Court of the State of New York · 1963
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- Dorak v. County of NassauDistrict Court, E.D. New York · 1970
5 more not listed; retrieve them via the Exa API.