Ferrazzano v. Hertzberg
New York County Courts
Motion to set aside a verdict of the jury rendered herein, and for a new trial, upon the ground that the case was not properly upon the calendar.
1Opinion of the CourtHazard, J.
This action arose in the City Court of Utica where it was tried, and a verdict rendered in favor of the plaintiff. Defendant appealed to this court, taking the usual steps, and the case appeared upon the calendar of the June term of this court, the defendant-appellant having served a notice of trial and filed a note of issue for that term. Upon the case being reached for trial upon the day calendar, it appeared that no return had been filed by the City Court, and appellant moved to strike the case from the calendar on that ground. The motion was denied, and the case proceeded, resulting in a…
2Cases cited3 opinions
- Kellock v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1896
- Miller v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1909
- Morgan v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1907