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Appellate Terms of the Supreme Court of New York, 1909

Koch v. Cohen

Koch v. Cohen
Appellate Terms of the Supreme Court of New York · Decided January 8, 1909
113 N.Y.S. 1035 (New York Supplement)

Counsel

Benjamín Berger, for appellant., James F. Rogers, for respondent.

Koch v. Cohen

Opinion of the Court

PER CURIAM.

Appeal from an order entered at Trial Term granting a new trial and setting aside judgment entered in an action of the City Court of New York in a case tried by the court; a jury being waived. The motion herein should have been made at Special Term, in accordance with the provisions of section 1002 of the Code of Civil Procedure.

Order reversed, with costs, and judgment reinstated.

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