Pizer v. Herzig — 189 N.Y. 537

Majority

p. 537

Leon Pizer, Respondent, v. George W. Herzig, Appellant, Impleaded with Others.

Headnote

Reported below, 130 App. Div. 103 .

(Argued September 30, 1907;

decided October 8, 1907.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial depart

p. 538

ment, entered June 14, 1907, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granted a new trial.

The motion was made upon the grounds that the Court of Appeals was without jurisdiction to review the appeal, which is not taken from a final order or judgment, but from an order of reversal granting a new trial upon questions of fact.

Max Sohleimer for motion.

Irving I. Ernst opposed.

Motion denied, without costs.