Legal Opinion

Rubin v. Friedman

Appellate Terms of the Supreme Court of New York

Decided November 15, 1910PublishedCited by 1 opinion

Appeal by the plaintiff from an order of the Municipal Court of the city of Dew York, borough of Manhattan, first district, setting aside .a judgment in favor of the plaintiff and ordering a new trial.

1Opinion of the Court

Bijur, J..The plaintiff, as administrator, brought suit on a note for $200 made by defendant to plaintiff’s intestate. Defendant offered evidence to prove payment of $1'75, and tendered payment of the remaining $25. The court, after a trial without a jury, found for the plaintiff-.

A motion for a new trial was thereupon made, but not within five days, as required by section 254 of the Municipal Court Act. As no objection was raised below on this point *329by appellant, it cannot be raised now. See Fallon v. Crocicchia, 52 Misc. Rep. 503.

Appellant’s principal contention on this appeal is that the…

2Cases cited2 opinions

  1. Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
  2. Fallon v. CrocicchiaAppellate Terms of the Supreme Court of New York · 1907

3Cited by1 opinion

  1. Kuder v. MaryAppellate Terms of the Supreme Court of New York · 1915

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