Butts v. Abrahams

Appellate Division of the Supreme Court of New York

Butts v. Abrahams

232 A.D. 437, 249 N.Y.S. 577, 1931 N.Y. App. Div. LEXIS 13836

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 8, 1931

StatusPublished

This text of 232 A.D. 437 (Butts v. Abrahams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butts v. Abrahams, 232 A.D. 437, 249 N.Y.S. 577, 1931 N.Y. App. Div. LEXIS 13836 (N.Y. Ct. App. 1931).

Pincite

Opinion

Per Curiam.

Motion denied. No permission is needed to apply to this court for a new trial where, as here, an interlocutory judgment has been entered. It is essential, however, that such motion for new trial be made before the commencement of the hearing directed by such judgment. (Civ. Prac. Act, § 551, as amd. by Laws of 1921, chap. 372.) The party intending to make such a motion must first make a case and. procure the same to be settled and signed in the same manner as on an appeal from a judgment rendered after the trial of such an issue. (Rules Civ. Prac. rule 221.) Section 576 of the Civil Practice Act prescribes what such a case must contain.

In this case the defendant has already served a notice of appeal from the interlocutory judgment. If he intends thereby to have reviewed only certain exceptions taken on the trial, he may follow the procedure required by rule 229 of the Rules of Civil Practice.

Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.

Motion denied.

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Per Curiam.

Motion denied. No permission is needed to apply to this court for a new trial where, as here, an interlocutory judgment has been entered. It is essential, however, that such motion for new trial be made before the commencement of the hearing directed by such judgment. (Civ. Prac. Act, § 551, as amd. by Laws of 1921, chap. 372.) The party intending to make such a motion must first make a case and. procure the same to be settled and signed in the same manner as on an appeal from a judgment rendered after the trial of such an issue. (Rules Civ. Prac. rule 221.) Section 576 of the Civil Practice Act prescribes what such a case must contain.

In this case the defendant has already served a notice of appeal from the interlocutory judgment. If he intends thereby to have reviewed only certain exceptions taken on the trial, he may follow the procedure required by rule 229 of the Rules of Civil Practice.

Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.

Motion denied.

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Bluebook (online)

232 A.D. 437, 249 N.Y.S. 577, 1931 N.Y. App. Div. LEXIS 13836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butts-v-abrahams-nyappdiv-1931.