Majority
p. 901Robert W. Thompson, Doing Business as Robert W. Thompson Company, Respondent, v. Trinity Operating Company, Inc., Appellant. Submitted March 3, 1952; decided March 13, 1952.
Motion for an order vacating the prior order of this court dated January 17, 1952, denied. An appeal lies of right to this court from a judgment of the Appellate Division (1) reversing an order of the Supreme Court setting aside a verdict and granting a new trial, and (2) reinstating such verdict. (Civ. Prac. Act, § 588, subd. 1, cl. [c], added by L. 1942, ch. 297; see Baillargeon v. Jacques, 299 N. Y. 792 ; Matter of Active Fabrics Corp. [Rosedale Fabrics], 299 N. Y. 678 ; Cohen and Karger, Powers of the New York Court of Appeals [1952], § 49.) [See 303 N. Y. 801 .]
Cases cited
- Stevens v. State 303 N. Y. 801 p. 901