Appellate Division of the Supreme Court of New York, 1918

De Pasquale v. United Cigar Stores Co.

De Pasquale v. United Cigar Stores Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1918
186 A.D. 902; 172 N.Y.S. 886; 1918 N.Y. App. Div. LEXIS 6871
De Pasquale v. United Cigar Stores Co.

Opinion of the Court

Appeal from order, which purported to set aside the verdict for plaintiff and to dismiss the complaint, dismissed, upon the ground that such an appeal was unauthorized, and that the nonsuit granted by the trial court can be reviewed here only upon an appeal from the judgment entered dismissing the complaint. (See Withers v. State of New York, 61 App. Div. 251; Robinson v. Chinese Association, 42 id. 65.) Jenks, P. J., Thomas, Mills, Putnam and Kelly, JJ., concurred.

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