Murray v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Queens county. Action by Sanford Murray against the city of New York. From a judgment on a verdict rendered by direction of the court, and from an order denying a new trial, defendant appeals; and from an order directing plaintiff to file and serve a copy of a decision, and from an order directing plaintiff’s attorney to receive the defendant’s exception to the decision, plaintiff appeals.
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Appeal from trial term, Queens county. Action by Sanford Murray against the city of New York. From a judgment on a verdict rendered by direction of the court, and from an order denying a new trial, defendant appeals; and from an order directing plaintiff to file and serve a copy of a decision, and from an order directing plaintiff’s attorney to receive the defendant’s exception to the decision, plaintiff appeals. Affirmed on defendant’s appeal, and reversed on plaintiff’s appeal.
1Opinion of the CourtSewell, J.
This action was commenced December 23, 1898, to recover for services alleged to have been rendered the defendant from January 1 to April 21, 1898. When the plaintiff rested, the defendant moved to dismiss the. complaint. The court reserved its-decision, and asked the defendant if it had any testimony to offer. The defendant’s attorney replied to the inquiry by renewing the motion upon other grounds, and the decision was reserved. A witness-was then called and sworn in behalf of the defendant. When all, the proof was in, the defendant did not renew the motion to dismiss, or request the court…
2Cases cited6 opinions
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- People Ex Rel. Tate v. . DaltonNew York Court of Appeals · 1899
- Quintard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Brymer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
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