Land Brokerage Co. v. Hamilton

Appellate Terms of the Supreme Court of New York

Land Brokerage Co. v. Hamilton

153 N.Y.S. 952

Appellate Terms of the Supreme Court of New York·Decided June 16, 1915·Published

Opinion

PER CURIAM.

This case does not come before the court upon an appeal, but pursuant to an order of the City Court of the City of New York that defendant’s exceptions be heard here in the first instance before judgment.

The statute which authorizes the hearing of exceptions in an appellate court upon a motion for a new trial applies only to a trial by jury (Code C. P. § 1000), and this case was tried by the court without a jury. Further, it has been held that the Appellate Term has no jurisdiction in a proceeding of this nature. Dickson v. Manhattan R. Co., 45 Misc. Rep. 572, 91 N. Y. Supp. 36.

Proceedings dismissed, with $10 costs and disbursements, and defendant remitted to her remedy in the court below.

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PER CURIAM.

This case does not come before the court upon an appeal, but pursuant to an order of the City Court of the City of New York that defendant’s exceptions be heard here in the first instance before judgment.

The statute which authorizes the hearing of exceptions in an appellate court upon a motion for a new trial applies only to a trial by jury (Code C. P. § 1000), and this case was tried by the court without a jury. Further, it has been held that the Appellate Term has no jurisdiction in a proceeding of this nature. Dickson v. Manhattan R. Co., 45 Misc. Rep. 572, 91 N. Y. Supp. 36.

Proceedings dismissed, with $10 costs and disbursements, and defendant remitted to her remedy in the court below.

Land Brokerage Co. v. Hamilton, 153 N.Y.S. 952 (N.Y. Ct. App. 1915).

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Opinion

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