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Appellate Division of the Supreme Court of New York, 1936

Stievelman v. Donnenfeld Coal Co.

Stievelman v. Donnenfeld Coal Co.
Appellate Division of the Supreme Court of New York · Decided October 30, 1936
248 A.D. 469; 290 N.Y.S. 725; 1936 N.Y. App. Div. LEXIS 6173

Counsel

Milton M. Gettinger of counsel [Gettinger & Gettinger, attorneys], for the appellant., Stanley S. Grog gins of counsel [Schneider & Grog gins, attorneys], for the respondent.

Stievelman v. Donnenfeld Coal Co.

Opinion of the Court

Per Curiam.

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied, with ten dollars costs. A motion for a new trial on exceptions could not be heard in the first instance by the Appellate Division after it had been heard and denied by the trial court. (Babad v. Colton Dental Association, 150 App. Div. 561; Starbuck v. Smith, 173 id. 954; Oglesby v. Massachusetts Accident Co., 212 id. 886.)

Present—■ Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.