Goodstein v. Feinberg
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Harris N. Goodstein against Joseph H. Feinberg. From a judgment of the Municipal Court, rendered in favor of the defendant, plaintiff appeals.
1Per curiam
This is an appeal taken by the plaintiff from a judgment in favor of the defendant.
[1] The notice of appeal states that the appeal will bring up for review an order made by a justice of the Municipal Court, before whom the case was once tried, setting aside a judgment in favor of the plaintiff and ordering a new trial. No appeal was taken from that order, and the plaintiff appeared upon the day fixed for a néw trial and proceeded therewith without objection. He is thereby precluded from now contesting the validity of- that order, which could only be done upon appeal therefrom.
[2] Upon the…
2Cited by1 opinion
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