Gross v. Kathairo Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Motion to amend an order of the Appellate Division reversing a judgment in favor of the plaintiff and an order denying a motion for a new trial made upon the minutes. (See 127 App. Div. 165.)
1Opinion of the Court
Gaynor, J.:
We reversed a judgment for the plaintiff for damages for breach of a contract entered on a verdict, and the order denying the motion on the minutes for a new trial. This motion is by the plaintiff to have our order of reversal amended so as to read “ reversed upon the law and not upon the facts ”. There is no such form of reversal in any case, and it would serve no purpose to grant the motion. It would in no way affect the status of the appeal to the Court of *412Appeals, but would be useless verbiage. The motion is made out of an entire lack of knowledge on the subject, which could…
2Cases cited1 opinion
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907