D. Alper Co. v. Fields

Appellate Terms of the Supreme Court of New York

D. Alper Co. v. Fields

181 Misc. 174, 46 N.Y.S.2d 954, 1943 N.Y. Misc. LEXIS 2818

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 18, 1943

StatusPublished

This text of 181 Misc. 174 (D. Alper Co. v. Fields) 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

D. Alper Co. v. Fields, 181 Misc. 174, 46 N.Y.S.2d 954, 1943 N.Y. Misc. LEXIS 2818 (N.Y. Ct. App. 1943).

Pincite

Opinion

[175]*175Memorándum

Per Curiam.

Appeal from decision dismissed. No appeal lies therefrom. (N. Y. City Mun. Ct. Code, § 154; L. 1915, ch. 279, as amd.) Appeal from judgment dismissed,the appeal not having been taken in time (N. Y. City Mun. Ct. Code, § 156). Order denying motion of the defendant Fields to vacate the judgment and for a new trial unanimously reversed upon the law, with ten dollars costs to the defendant Fields, and motion granted.

The trial court, having rendered a decision in favor of the appellant, was without power to set that aside and to render a decision against him. (Prospect Coal Co. v. Weitzman, No. 941, October, 1930, Term.)

MacCrate, McCooet and Steinbrink, JJ., concur.

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[175]*175Memorándum

Per Curiam.

Appeal from decision dismissed. No appeal lies therefrom. (N. Y. City Mun. Ct. Code, § 154; L. 1915, ch. 279, as amd.) Appeal from judgment dismissed,the appeal not having been taken in time (N. Y. City Mun. Ct. Code, § 156). Order denying motion of the defendant Fields to vacate the judgment and for a new trial unanimously reversed upon the law, with ten dollars costs to the defendant Fields, and motion granted.

The trial court, having rendered a decision in favor of the appellant, was without power to set that aside and to render a decision against him. (Prospect Coal Co. v. Weitzman, No. 941, October, 1930, Term.)

MacCrate, McCooet and Steinbrink, JJ., concur.

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Bluebook (online)

181 Misc. 174, 46 N.Y.S.2d 954, 1943 N.Y. Misc. LEXIS 2818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-alper-co-v-fields-nyappterm-1943.