Rosen v. 981 Union Avenue Corp.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York, in favor of the defendants, and from an order denying plaintiff’s motion for a new trial.
1Opinion of the CourtWagner, J.
The correctness or validity of the verdicts as to substance and subject matter does notarise, the sole question upon this appeal relating to the refusal of the trial court to discontinue the actions, tried as one pursuant to a stipulation of counsel, on motion of the plaintiff made during the trial.
After plaintiff’s case had been presented and plaintiff had rested, and the defendants’ motion to dismiss the complaint had been denied by the trial justice, the plaintiff asked the court, after a colloquy had taken place, to which it is unnecessary here to refer, to withdraw a juror, which motion…
2Cases cited8 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Hancock Ditch Co. v. BradfordCalifornia Supreme Court · 1859
- Kruger v. PersonsAppellate Division of the Supreme Court of the State of New York · 1900
- Schintzuis v. . Lackawanna Steel Co.New York Court of Appeals · 1918
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3Cited by5 opinions
- Broadway & Ninety-Fourth Street, Inc. v. C. & L. Lunch Co.City of New York Municipal Court · 1921
- Weber v. WardNew York Supreme Court · 1927
- Williams v. Artcraft Optical Co.New York Supreme Court · 1941
- Blevins v. BlevinsNew York Supreme Court · 1928
- In re the Judicial Settlement of the Account of Proceedings of TippensNew York Surrogate's Court · 1923