Scott v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Emily I. Smith and another, copartners, from an order of the Municipal Court , of the city of New York, borough of Brooklyn, entered on the 22d day of March, 1909.
1Opinion of the Court
Jenks, J.:
The defendants appeal from an order of the Municipal Court that grants a new trial to the plaintiff for newly-discovered evidence. Tins appeal lies as from a judgment (Mun. Ct. Act [Laws of 19013, chap. 580], § 255), and is well taken because such a motion requires a case made and yet there was none. (Altmark v. Haimowitz, 55 Misc. Rep. 195; Harris v. Gregg, 4 App. Div. 615; Davis v. Grand Rapids Fire Ins. Co., 5 id. 36; Nichols N. Y. Pr. 2656.) This motion cannot be regarded as made on the minutes. (Harris v. Gregg, supra.) And, as is pointed out in David Case (supra), hów without…
2Cases cited2 opinions
- Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
- Harris v. GreggAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Guttenbergh v. GenoveseAppellate Terms of the Supreme Court of New York · 1910