L'Ecluse v. Brokaw — 238 N.Y. 611

Majority

p. 611

Milton L’Ecluse, Respondent, v. W. Gould Brokaw, Appellant.

Headnote

Appeal — unanimous reversal by Appellate Division of order of trial court setting aside verdict and reinstatement of said verdict — appeal may not be taken, without permission, to Court of Appeals, from judgment entered thereon.

L’Ecluse v. Brokaw, 205 App. Div. 893 , appeal dismissed.

(Submitted May 23, 1924;

decided June 6, 1924.)

Appeal from a judgment, entered March 26, 1923, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which unanimously reversed an order of the court at a Trial Term

p. 612

setting aside a verdict in favor of plaintiff and granting a new trial and reinstated said verdict.

Rowland Miles for appellant.

Willard N. Baylis and Robert S. Snevily for respondent.

Appeal dismissed, with costs, on ground that the Appellate Division having unanimously reinstated the verdict leave to appeal was necessary (Burns Mfg. Co. v. Clinchfield Products Corp., 231 N. Y. 561 ); no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.

Cases cited

Burns Manufacturing Co. v. Clinchfield Products Corp. 231 N. Y. 561 N.Y. 1921-05-10 p. 612