Hart v. Kaplan

Appellate Terms of the Supreme Court of New York

Hart v. Kaplan

52 Misc. 653, 101 N.Y.S. 763

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1906

StatusPublished

This text of 52 Misc. 653 (Hart v. Kaplan) 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

Hart v. Kaplan, 52 Misc. 653, 101 N.Y.S. 763 (N.Y. Ct. App. 1906).

Pincite

Opinion

Per Curiara.

Appeal from order granting motion for re-argument dismissed, with ten dollars, costs, the order not being appealable.

The order granting a new trial appealed from was largely discretionary and we do not feel that it should be reversed. Costs should have been imposed, however, as a condition for its being granted.

Order affirmed, upon condition that the plaintiffs, within five days after the entry and service of a copy of this order, pay to the defendant ten dollars costs of the motion (Mnnic. Ot. Act, § 254) and costs of this appeal. 'Otherwise order reversed, with costs and verdict reinstated.

Present: Gildebsleeve, Fitzgebald and Davis, JJ.

Appeal from order granting motion for reargument dismissed.

Order granting new trial affirmed upon condition that plaintiffs, within five days after entry and service of a copy of this order, pay to defendant ten dollars costs of motion and costs of this appeal. Otherwise order reversed, with costs, and verdict reinstated.

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