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Liebowitz v. H. B. Claflin Corp.

179 A.D. 883 Court N.Y. App. Div. English

Decision Majority · Dissent — Scott, J. (dissenting):

Contents
p. 883
William Liebowitz, an Infant, etc., by Kieva Liebowitz, His Guardian ad Litem, Respondent, v. The H. B. Claflin Corporation, Appellant.

Headnote

Appeal from an order entered in the New York county clerk’s office January 2, 1917, setting aside a verdict and granting a new trial.

Order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Scott, Davis and Shearn, JJ.; Scott, J., dissented.

I dissent upon the ground that the court, having once heard and denied a motion for a new trial, had no authority to rehear the motion except upon motion for reargument or on motion at Special Term upon a case made.