Collins v. McWilliams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert F. McWilliams, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of May, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of May, 1918, denying defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review an order made on or about the 8th day of May,…
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Appeal by the defendant, Albert F. McWilliams, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of May, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of May, 1918, denying defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review an order made on or about the 8th day of May, 1918, denying defendant’s motion for an additional or further bill of particulars. *
1Opinion of the Court
Laughlin, J.:
The order denying the motion for a bill of particulars does not necessarily affect the final judgment and, therefore, is not reviewable on an appeal from the judgment. (Code Civ. Proc. § 1316; Raff v. Koster, Bial & Co., 38 App. Div. 336.) The appeal, therefore, in so far as it attempts to bring up for review the order is dismissed.
This is an action to recover for services alleged to have been rendered by the plaintiff as an accountant on a per diem basis on employment by the defendant. The defendant put in issue the material allegations of the complaint and pleaded that the…
2Cases cited6 opinions
- Lang v. Eagle Fire Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Raff v. Koster, Bial & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Brackett v. OstranderAppellate Division of the Supreme Court of the State of New York · 1908
- The Mercantile Trust Company v. . GimbernatNew York Court of Appeals · 1912
- Walsh v. WoarmsAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turner v. New Brunswick Fire Ins. Co.New Mexico Supreme Court · 1941
- Tioga County General Hospital v. TiddNew York Supreme Court · 1937
- Sheehan v. Municipal Light & Power Co.Court of Appeals for the Second Circuit · 1945
- Marrero v. LevittCity of New York Municipal Court · 1956
- Brown v. New York Life Ins. Co.District Court, W.D. South Carolina · 1938
1 more not listed; retrieve them via the Exa API.