Appellate Terms of the Supreme Court of New York, 1958

Higgins v. Childs

Appellate Terms of the Supreme Court of New York · Decided June 5, 1958

13 Misc. 2d 442; 176 N.Y.S.2d 73

Counsel

Raymond H. Sipperley for appellant., Eugene H. Nickerson and Ruth H. Joseph for respondent.

Opinion of the Court

Per Curiam.

The court having failed to specify the grounds on which the motion for a new trial was made and the grounds on which it was decided, the order granting a new trial did not comply with rule 224 of the Rules of Civil Practice and must be reversed (Magee v. Rifkind, 153 N. Y. S. 2d 731).

The order should be reversed, with $10 costs, and motion denied.

Concur — Hofstadter, J. P., Hecht and Tilzer, JJ.

Order reversed, etc.

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