Legal Opinion

Petsche v. MacDonald

Appellate Terms of the Supreme Court of New York

Decided April 15, 1916PublishedCited by 2 opinions

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

  1. Rosenquest v. CanaryAppellate Division of the Supreme Court of the State of New York · 1898
  2. Bosworth v. . KinghornNew York Court of Appeals · 1904

3Cited by2 opinions

  1. Home Owners' Loan Corp. v. McShaneNew York Supreme Court · 1945
  2. Bradstreet's Collection Bureau v. Nagler's Brass Works, Inc.Appellate Terms of the Supreme Court of New York · 1916

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