Petsche v. MacDonald
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Municipal Court of the city of New York, borough of Brooklyn, fourth district, granted on the 8th day of November, 1915, setting aside a judgment and granting a new trial. The case was tried by the court without a jury, and thereafter, on motion, the judgment was vacated and a new trial before a jury ordered; and subsequently the order was modified by striking out the provision for a jury trial.
1Opinion of the CourtBlackmar, J.
Although the Supreme Court has no power in a case tried before the court without a jury to set aside the judgment and direct a new trial (Rosenquest v. Canary, 27 App. Div. 30; Bosworth v. Kinghorn, 94 id. 187; affd., 179 N. Y. 590), yet that power seems plainly to be given to the Municipal Court by subdivision 7 of section 6 of the Municipal Court Code. That section of the Municipal Court Code which *656grants power “ to vacate * * * any process, mandate, judgment, order or final order, in furtherance of justice, for any error in form or substance ” appar ently plainly refers to errors found in…
2Cases cited2 opinions
- Rosenquest v. CanaryAppellate Division of the Supreme Court of the State of New York · 1898
- Bosworth v. . KinghornNew York Court of Appeals · 1904
3Cited by2 opinions
- Home Owners' Loan Corp. v. McShaneNew York Supreme Court · 1945
- Bradstreet's Collection Bureau v. Nagler's Brass Works, Inc.Appellate Terms of the Supreme Court of New York · 1916