Appellate Terms of the Supreme Court of New York, 1915

Land Brokerage Co. v. Hamilton

Appellate Terms of the Supreme Court of New York · Decided June 16, 1915

153 N.Y.S. 952 (New York Supplement)

Counsel

Franklin Bien, of New York City, for appellant., Jackson & Fleischmann, of New York City (Frederick S. Jackson, of New York City, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

This case does not come before the court upon an appeal, but pursuant to an order of the City Court of the City of New York that defendant’s exceptions be heard here in the first instance before judgment.

The statute which authorizes the hearing of exceptions in an appellate court upon a motion for a new trial applies only to a trial by jury (Code C. P. § 1000), and this case was tried by the court without a jury. Further, it has been held that the Appellate Term has no jurisdiction in a proceeding of this nature. Dickson v. Manhattan R. Co., 45 Misc. Rep. 572, 91 N. Y. Supp. 36.

Proceedings dismissed, with $10 costs and disbursements, and defendant remitted to her remedy in the court below.

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