Boslowitz v. S. Goldin & Co.

Appellate Terms of the Supreme Court of New York

Boslowitz v. S. Goldin & Co.

124 Misc. 746, 209 N.Y.S. 308, 1925 N.Y. Misc. LEXIS 760

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 9, 1925

StatusPublished

This text of 124 Misc. 746 (Boslowitz v. S. Goldin & Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boslowitz v. S. Goldin & Co., 124 Misc. 746, 209 N.Y.S. 308, 1925 N.Y. Misc. LEXIS 760 (N.Y. Ct. App. 1925).

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Opinion

Per Curiam:

The trial justice, having heard and denied the defendant’s motion to set aside the verdict in plaintiff’s favor at the term at which the action was tried, and judgment having been entered, was without power to grant the defendant what was in effect a rehearing thereon after the expiration of the term at which the action was tried and upon such rehearing to grant the motion to set aside the verdict. (Civ. Prac. Act, § 549; Clancy v. N. Y., N. H. & H. R. R. Co., 226 N. Y. 213; Ellis v. Hearn, 132 App. Div. 207.)

Order of February 25, 1924, reversed, with costs, and judgment reinstated. Appeal from order of December 6, 1923, dismissed.

All concur; present, Bijur, Mitchell and Proskauer, JJ.

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Per Curiam:

The trial justice, having heard and denied the defendant’s motion to set aside the verdict in plaintiff’s favor at the term at which the action was tried, and judgment having been entered, was without power to grant the defendant what was in effect a rehearing thereon after the expiration of the term at which the action was tried and upon such rehearing to grant the motion to set aside the verdict. (Civ. Prac. Act, § 549; Clancy v. N. Y., N. H. & H. R. R. Co., 226 N. Y. 213; Ellis v. Hearn, 132 App. Div. 207.)

Order of February 25, 1924, reversed, with costs, and judgment reinstated. Appeal from order of December 6, 1923, dismissed.

All concur; present, Bijur, Mitchell and Proskauer, JJ.

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Bluebook (online)

124 Misc. 746, 209 N.Y.S. 308, 1925 N.Y. Misc. LEXIS 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boslowitz-v-s-goldin-co-nyappterm-1925.

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