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Leopold v. City of New York

225 N.Y. 663 Court N.Y. Decision date 1919-01-14 English

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p. 663
Charles Leopold, Respondent, v. City of New York, Appellant.

Headnote

Reported below, 184 App. Div. 244 .
(Argued January 6, 1919;
decided January 14, 1919.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 8, 1918, affirming in part and reversing in part a judgment in favor of plaintiff entered upon a verdict.
The motion was made upon the ground that the judgment appealed from was interlocutory inasmuch as it granted a new trial as to part of the judgment appealed from.
John C. Wait for motion. ■
John B. Salmon opposed.

Motion denied, with ten dollars costs, but without prejudice to right to move to dismiss appeal from so much of judgment as granted new trial as to item of $1,709.30, unless appellant within ten days files stipulation for judgment absolute in case said order of reversal is affirmed as to said item.