Simpson v. Hefter
Appellate Terms of the Supreme Court of New York
Cross-appeals from two orders of the City Court of the city of New York, from so much as grants the plaintiff’s motion for a new trial, and from so. much as imposes onerous terms as a condition of granting the new trial.
1Opinion of the CourtMacLean, J.
On a former appeal to this court from an order, purporting to have been made at Trial Term, vacating an order denying plaintiff’s motion for a new trial, this court affirmed and, among other things, said: “If he (the plaintiff) can establish surprise or excusable neglect, he may make a special motion for a new trial, on either or both of such grounds, at the Special Term of the court below, upon affidavits and a ease duly made and settled.” Simpson v. Hefter, 43 Misc. Rep. 608, 611. This has been done, and the Special Term of the court below has granted the motion upon the ground of surprise…
2Cases cited4 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Helgers v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Merritt v. MayfieldAppellate Division of the Supreme Court of the State of New York · 1903
- Simpson v. HefterAppellate Terms of the Supreme Court of New York · 1904