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De Pasquale v. United Cigar Stores Co.

186 A.D. 902 Court N.Y. App. Div. English

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p. 902
Peter De Pasquale, Appellant, v. United Cigar Stores Company, Respondent.

Appeal from order, which purported to set aside the verdict for plaintiff and to dismiss the complaint, dismissed, upon the ground that such an appeal was unauthorized, and that the nonsuit granted by the trial court can be reviewed here only upon an appeal from the judgment entered dismissing the complaint. (See Withers v. State of New York, 61 App. Div. 251 ; Robinson v. Chinese Association, 42 id. 65.) Jenks, P. J., Thomas, Mills, Putnam and Kelly, JJ., concurred.

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