Kaston v. Zimmerman
Appellate Division of the Supreme Court of the State of New York
Motion for leave to appeal to the Court of Appeals from, a determination of the Appellate Division, First Department, affirming a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 5th day of November, 1920, on the decision of the court rendered after a trial at the Bronx Special Term.
1Per curiam
This is a motion for leave to appeal to the Court of Appeals from the determination of this court affirming a judgment for the plaintiff entered upon a decision after a trial at Special Term of the Supreme Court, Bronx county. The order of affirmance was entered February 4, 1921, two of the justices dissenting. (195 App. Div. 930.) The judgment of this court when entered upon such order would be a final determination of the action. In any event, therefore, it would be improper to formulate any questions of law to be reviewed by the Court of Appeals, as it is only where an appeal is allowed…
2Cases cited1 opinion
- Dwight v. . GibbNew York Court of Appeals · 1913
3Cited by1 opinion
- Frank McWilliams, Inc. v. Ætna InsuranceNew York Supreme Court · 1923