Burns Manufacturing Co. v. Clinchfield Products Corp.

Headnote

Appeal — unanimous reversal by Appellate Division of order of trial court setting aside verdict, reinstatement of said verdict and direction of judgment thereon — appeal may not be taken from said judgment withoict permission.

Burns Manfg. Co. v. Clinchfield Products Corpn., 189 App. Div. 569 , appeal dismissed.

Appeal from a judgment, entered November 20, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department which unanimously reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial, reinstated said verdict and directed that judgment be entered theréon. Plaintiff contended that under section 9 of article 6 of the Constitution and subdivision 3 of section 191 of the Code of Civil Procedure the Court of Appeals had no jurisdiction to entertain the appeal.