Appellate Division of the Supreme Court of New York, 1921

Cleary v. New York State Railways

Appellate Division of the Supreme Court of New York · Decided October 19, 1921

198 A.D. 228; 190 N.Y.S. 300; 1921 N.Y. App. Div. LEXIS 8068

Counsel

Frank H. Parker, for the appellant., William, W. Armstrong, for the respondent.

Cases that cite this one

1 later published case cites this decision.

Cleary v. New York State Railways (Appellate Division of the Supreme Court of New York 1921)

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Opinion of the Court

Per Curiam:

We are of the opinion that the order denying the defendant’s motion to set aside the verdict of the jury and for a new trial is appealable under the provisions of the charter of the city of Rochester (Laws of 1907, chap. 755, § 512, subd. (c), as added by Laws of 1918, chap. 495; Id. § 524-a, as added by Laws of 1920, chap. 434*). As regards the question that the motion was not made timely in the City Court, we think that question should be determined upon the appeal from the order of the City Court which the defendant seeks to *229review. The order dismissing the appeal should be reversed, with ten' dollars costs.

All concur.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

Since penum. § 522 and amd. by Laws of 1921, chap. 525.— [Rep.

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