Legal Opinion
Meo v. Bloomgarden
New York Court of Appeals
Decided May 23, 1933PublishedCited by 4 opinions
1Opinion of the Court
Pound, Ch. J.
Although we have held repeatedly that any modification by the Appellate Division of the judgment or order appealed from gives the right of appeal under Civil Practice Act, section 588, subdivision 1, the rule seems to be established that an unanimous order of the Appellate Division which reverses an order of the Trial Term granting a new trial and reinstates the verdict is a unanimous affirmance of the judgment based on the verdict of the jury although no judgment was entered thereon, and that leave to appeal must be obtained. (Garrison v. Sun Printing & Pub. Assn., 222 N. Y.…
2Cases cited2 opinions
- Markiewicz v. ThompsonNew York Court of Appeals · 1927
- Garrison v. . Sun Printing and Publishing AssociationNew York Court of Appeals · 1918
3Cited by4 opinions
- Western Electric Co. v. BrennerNew York Court of Appeals · 1977
- Miozzi v. Armstrong Coal Co., Inc.New York Court of Appeals · 1940
- New York Investors, Inc. v. Tinus Building Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Rodgers v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1997