Russell v. Agricultural Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by James Russell against the Agricultural Insurance Company of Watertown, N. Y. Verdict for defendant. From an order granting a new trial to plaintiff on case and exceptions, defendant appeals.
1Opinion of the CourtGreen, J.
The court at special term was justified in granting the order for a new trial, as notice therefor had been given before the expiration of the time within which an appeal could have been taken from the judgment in accordance with the provision of section 1002 of the Code of Civil Procedure. The section last quoted must be construed as providing that the “notice therefor” (i. e. a new trial) is given when a stay of proceedings is obtained for the purpose of making a case and exceptions preparatory to making a motion for a new trial; and the making of a case and exceptions by the plaintiff, and…
2Cases cited2 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Paltrovitch v. Phœnix Insurance Co. of HartfordNew York Court of Appeals · 1894
3Cited by2 opinions
- Burns v. HasbrouckNew York Supreme Court · 1924
- Russell v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1897