Rose v. . Bristol
New York Court of Appeals
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 24, 1916, which affirmed a judgment entered upon a prior order of said Appellate Division in reversing an order of Special Term denying defendant’s motion for judgment on the pleadings and granting said motion. (See 174 App. Div. 15.)
1Opinion of the CourtCardozo, J.
The action is one by servant against •employer to recover damages for wrongful discharge. The defendant’s motion for judgment on the pleadings was denied at Special Term. On appeal to the Appellate Division, the order was reversed, and the complaint dismissed. Judgment of dismissal was entered in the office of the clerk of New York county on July 15, 1916, and was served the same day.
The plaintiff could have appealed from that judgment directly to this court. He did not do so. He appealed from it to the Appellate Division, and thus asked that court to review its own judgment. The Appellate…
2Cases cited6 opinions
- Abbey v. . WheelerNew York Court of Appeals · 1902
- McNamara v. . GoldanNew York Court of Appeals · 1909
- Silverstein v. Standard Accident Insurance of Detroit, MichiganNew York Court of Appeals · 1917
- Vose v. ConklingAppellate Division of the Supreme Court of the State of New York · 1913
- Leonard v. . BarnumNew York Court of Appeals · 1901
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3Cited by6 opinions
- Redman v. . Verplex Art Co., Inc.New York Court of Appeals · 1924
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- Noble v. . KendallNew York Court of Appeals · 1919
- L'Hommedieu v. . CookNew York Court of Appeals · 1921
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