Appellate Division of the Supreme Court of New York, 1931

Munch Brewery, Inc. v. Brooklyn Beverage Dealers Ass'n

Munch Brewery, Inc. v. Brooklyn Beverage Dealers Ass'n
Appellate Division of the Supreme Court of New York · Decided November 15, 1931
234 A.D. 797
Munch Brewery, Inc. v. Brooklyn Beverage Dealers Ass'n

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements. The denial of the motion was proper. A granting of the motion would have been a violation of the rule that one Special Term justice may not exercise appellate jurisdiction over another justice of co-ordinate jurisdiction. The anomalous situation herein, however, requires that this case be placed at the head of the Special Term calendar five days after the entry of the order herein, subject to the approval of the justice presiding. Lazansky, P. J., Carswell, Scudder, Tompkins and Davis, JJ., concur.

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