Young v. . Gilmour

New York Court of Appeals

Young v. . Gilmour

60 N.E. 756, 167 N.Y. 500, 5 Bedell 500, 1901 N.Y. LEXIS 1097

DecidedJune 14, 1901

StatusPublished

This text of 60 N.E. 756 (Young v. . Gilmour) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. . Gilmour, 60 N.E. 756, 167 N.Y. 500, 5 Bedell 500, 1901 N.Y. LEXIS 1097 (N.Y. 1901).

Pincite

Opinion

Landon, J.

The order of the Appellate Division denying the defendant’s motion for a new trial made intermediate the interlocutory and final judgment was not a final order and, therefore, not appealable in the absence of the allowance thereof by the Appellate Division and its certificate of the questions to be reviewed. (Code O. P. § 190, subd. 2.) Subd. 1 provides for appeals from orders granting new trials upon *501 exceptions, not from orders denying them. Under section 1336 the defendant, after the denial of his motion for a new trial by the Appellate Division, could not appeal until the entry of final judgment by the trial court pursuant to the interlocutory judgment. After such entry an appeal lies directly from such final judgment and brings up for review the order of the Appellate Division refusing the new trial.

The appeal should he dismissed, with costs.

Parker, Ch. J., Bartlett, Haight, Yaks, Cullen and Werner, JJ., concur.

Appeal dismissed.

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Landon, J.

The order of the Appellate Division denying the defendant’s motion for a new trial made intermediate the interlocutory and final judgment was not a final order and, therefore, not appealable in the absence of the allowance thereof by the Appellate Division and its certificate of the questions to be reviewed. (Code O. P. § 190, subd. 2.) Subd. 1 provides for appeals from orders granting new trials upon *501 exceptions, not from orders denying them. Under section 1336 the defendant, after the denial of his motion for a new trial by the Appellate Division, could not appeal until the entry of final judgment by the trial court pursuant to the interlocutory judgment. After such entry an appeal lies directly from such final judgment and brings up for review the order of the Appellate Division refusing the new trial.

The appeal should he dismissed, with costs.

Parker, Ch. J., Bartlett, Haight, Yaks, Cullen and Werner, JJ., concur.

Appeal dismissed.

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Bluebook (online)

60 N.E. 756, 167 N.Y. 500, 5 Bedell 500, 1901 N.Y. LEXIS 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-gilmour-ny-1901.