Girling v. . City of New York
New York Court of Appeals
Motion to dismiss an appeal from a judgment entered October 11, 1909, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of the trial court setting aside a verdict in favor of plaintiff and reinstated said verdict. The motion was made upon the ground that the appeal should not have been taken direct to the Court of Appeals.
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Motion to dismiss an appeal from a judgment entered October 11, 1909, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of the trial court setting aside a verdict in favor of plaintiff and reinstated said verdict. The motion was made upon the ground that the appeal should not have been taken direct to the Court of Appeals. This action was brought to recover damages alleged to have been sustained by the plaintiff owing to. the negligence of the defendant in failing to keep a certain sidewalk in the borough of Brooklyn free…
1Opinion of the CourtVann, J.
This motion involves an appeal brought under section 1336 of the Code of Civil Procedure, which we have considered as to one of its phases in a decision filed herewith. (Wi ll v. Barnwell, 197 N. Y. 298.) In that case we had before us an appeal of the first class, provided for in that part of the section relating to interlocutory judgments. We, now have before us an appeal of the second class, or one taken from a judgment rendered by the court at nisi prius directly to the Court of Appeals “ after the refusal, by the Appellate Division, of a new trial, either upon an application, made, in the…
2Cases cited3 opinions
- South Bay Company v. . HoweyNew York Court of Appeals · 1907
- Will v. . BarnwellNew York Court of Appeals · 1910
- Ridgely v. . Talbot J. Taylor and CompanyNew York Court of Appeals · 1909
3Cited by4 opinions
- Jensen v. Union Railway Co.New York Court of Appeals · 1932
- Logan v. . GuggenheimNew York Court of Appeals · 1920
- Garrison v. . Sun Printing and Publishing AssociationNew York Court of Appeals · 1918
- Jensen v. Union Railway Co.New York Court of Appeals · 1932