Levy v. Corn — 191 A.D. 58

Majority

p. 58

Harry M. Levy, Appellant, v. Joseph Corn, Respondent.

(Appeal No. 2.)

First Department,

March 5, 1920.

Headnote

See head note in Levy v. Corn, No. 1 (ante, p. 56).

Appeal by the plaintiff, Harry M. Levy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of March, 1919, denying plaintiff’s motion to vacate and open an order dated January 23,1919, setting aside the verdict and granting a new trial.

Walter H. Gilpatric of counsel [Edward M. Bassett and Nathaniel Fishman with him on the brief; Bassett, Thompson & Gilpatric, attorneys], for the appellant.

Joseph A. Seidman, for the respondent.

The order setting aside the verdict and granting a new trial has been reversed by this court (Levy v. Corn, No. 1, 191

p. 59

App. Div. 56 , decided herewith). Therefore, this appeal from the order denying a motion to set aside said order will be dismissed, without costs.

Clarke, P. J., Dowling, Smith and Philbin, JJ., concur.

Appeal from order dismissed, without costs.