Grassi v. Emkay Motor Renting Co.

Appellate Division of the Supreme Court of New York

Grassi v. Emkay Motor Renting Co.

233 A.D. 700

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1931·Published·Cited by 1 cases

Opinion

Order granting a preference upon the trial court calendar reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The facts alleged by plaintiff, respondent, to have occurred since the making of a prior motion for the same relief, which was denied, are "insufficient, in our opinion, to warrant the granting of the motion. The second motion was virtually an appeal from one Trial Term to another. Such practice is condemned. (Sloan v. Beard, 125 App. Div. 625.) Lazansky, P. J., Young, Kapper, Scudder and Davis, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order granting a preference upon the trial court calendar reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The facts alleged by plaintiff, respondent, to have occurred since the making of a prior motion for the same relief, which was denied, are "insufficient, in our opinion, to warrant the granting of the motion. The second motion was virtually an appeal from one Trial Term to another. Such practice is condemned. (Sloan v. Beard, 125 App. Div. 625.) Lazansky, P. J., Young, Kapper, Scudder and Davis, JJ., concur.

Grassi v. Emkay Motor Renting Co., 233 A.D. 700 (N.Y. Ct. App. 1931).

Pincite

233 A.D. 700 (Grassi v. Emkay Motor Renting Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related