Oglesby v. Massachusetts Accident Co.
This text of 212 A.D. 886 (Oglesby v. Massachusetts Accident Co.) 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.
Opinion
The motion in this case is not properly brought before this court, for the reason that the trial court had already denied the motion for a new trial. Under the circumstances, we are powerless to entertain the motion. (Starbuck v. Smith, 173 App. Div. 954; Babad v. Colton Dental Association, 150 id. 561; Fifth Ave. Bank v. Forty-second St. R. R. Co., 6 id. 567; Griswold v. Dexter, 62 Barb. 648; Schram v. Werner, 81 Hun, 561; Civ. Prac. Act, § 550; Rules Civ. Prac. rule 220.) The motion for a new trial is, therefore, denied, .but without costs in this court. Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ., concur.
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212 A.D. 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oglesby-v-massachusetts-accident-co-nyappdiv-1925.