Iaquinto v. Bauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Domenico Iaquinto, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 16th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of March, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.;
The motion to dismiss the appeal from the judgment is granted, for it does not appear that it was perfected. But there is no flaw in *58the appeal from the order denying a' motion for a new trial under section 999 of the Code of Civil Procedure, and the appellant may be heard thereon. (Voisin v. C. M. Ins. Co., 123 N. Y. 120.) But as the case does not show that it contains all of the evidence, we are limited to a consideration of the exceptions. (Cheney v. N. Y. C. & H. R. R. R. Co., 16 Hun, 415, 419; Baylies N. T. & App. [2d ed.] 270; Haebler v. Luttgen, 2 App. Div. 390; affd., 158 N.…
2Cases cited8 opinions
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Ryan v. . the PeopleNew York Court of Appeals · 1880
- Leslie v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
- Sugarman v. BrengelAppellate Division of the Supreme Court of the State of New York · 1902
- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
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3Cited by2 opinions
- Masterson v. SolomonNew York Supreme Court · 1948
- Ceballos v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1906