Petsche v. MacDonald
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, Fourth District. Action by John Petsche against Edward MacDonald. Erom an order setting aside a judgment for plaintiff, rendered by the Municipal Court after trial without jury, and granting a new trial, the plaintiff appeals.
1Opinion of the CourtBeackmar, J.
[ 1 ] Although the Supreme Court has no power in a case tried before the court without a jury to set aside the judgment and direct a new trial (Rosenquest v. Canary, 27 App. Div. 30, 50 N. Y. Supp. 111; Bosworth v. Kinghorn, 94 App. Div. 187, 87 N. Y. Supp. 983 (affirmed in 179 N. Y. 590, 72 N. E. 1139), yet that power seems plainly to be given to the Municipal Court by subdivision 7 of section 6 of the Municipal Court Code (Laws 1915, c. 279). That section of the Municipal Court Code, which grants power “to vacate * * * any process, mandate, judgment, order or final order, in furtherance of…
2Cases cited2 opinions
- Rosenquest v. CanaryAppellate Division of the Supreme Court of the State of New York · 1898
- Bosworth v. KinghornAppellate Division of the Supreme Court of the State of New York · 1904