Fraser v. Alpha Combined Heating & Lighting Manufacturing Co.
City of New York Municipal Court
This is an appeal from an order, made by a justice of this court at Special Term, entered on May 22, 1899, denying the defend1ant’s motion for a reargument of an appeal from a judgment rendered in December, 1898, and, in the notice of appeal, the appellant states that, upon the argument of said appeal from said order, it will move for a reargument of said appeal from the judgment.
1Opinion of the CourtSchuchman, J.
On May 10, 1898, judgment was entered in tfris action on a verdict rendered by a jury in favor of plaintiff and against the defendant. On May seventeenth, defendant served a notice of appeal, appealing from said judgment and from the order denying a motion for a new trial. . But no such order was then in existence and no motion for a new trial had then been made, and was not made until September 17, 1898, upon which an order was made on September 23, 1898, at the Special Term by the judge who had tried the case, on a case as settled, denying the motion *207“ with the same force and effect as if a…
2Cases cited1 opinion
- Hand v. RogersAppellate Terms of the Supreme Court of New York · 1896