Appellate Division of the Supreme Court of New York, 1914

Cochrane v. Cornwell

Cochrane v. Cornwell
Appellate Division of the Supreme Court of New York · Decided March 15, 1914
162 A.D. 921; 146 N.Y.S. 1087
Cochrane v. Cornwell

Opinion of the Court

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the Justice’s Court ceases to be of any force, and the respondent’s only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. (Miller v. City of Buffalo, 129 App. Div. 833; Burns v. Howard, 9 Abb. N. C. 321, 324.) All concurred.

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