Ely v. . Barrett
New York Court of Appeals
Motion to dismiss an appeal by permission from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
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Motion to dismiss an appeal by permission from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The motion was made upon the ground that the judgment, from which leave to appeal was granted, has since been amended by the Appellate Division and the question which it was sought to review has now been eliminated by reason of such amendment and upon the further ground that the appeal was frivolous and…
1Per curiam
On the 5th of March, 1918, leave was given to defendant to appeal from a judgment. Before a.notice of appeal was served, plaintiff made a motion at the Appellate Division, that it make findings of fact, to the effect that the damages sustained by plaintiff were due to defendant’s negligence. The motion was granted, the findings made, and a new judgment rendered to conform with such findings.
After the judgment was rendered the defendant served a notice of appeal, not only from the original judgment, but from the new judgment. The plaintiff now moves for a re-argument of the motion giving…
2Cases cited2 opinions
- Rives v. . BartlettNew York Court of Appeals · 1915
- Birnbaum v. . MayNew York Court of Appeals · 1902
3Cited by4 opinions
- Fraser v. KentAppellate Division of the Supreme Court of the State of New York · 1921
- Canfield v. StateAppellate Division of the Supreme Court of the State of New York · 1935
- Canfield v. StateAppellate Division of the Supreme Court of the State of New York · 1935
- Utica Trust & Deposit Co. v. DeckerAppellate Division of the Supreme Court of the State of New York · 1926