Read v. Levy

Appellate Terms of the Supreme Court of New York

Decided November 15, 1917

Appellate Terms of the Supreme Court of New York · decided 1917-11-15

Appeal by defendants from an order of the Municipal Court of the city of New York, borough of Manhattan, ninth district, granting plaintiffs’ motion to set aside a verdict rendered in favor of defendants.

Decided 1917-11-15

Bijur, J.

¶1(concurring). I concur on the ground that as the order setting aside the verdict does not specify the grounds upon which it is granted and no opinion was delivered (See Gen. Buies of Practice, rule 3), rule 31 of the General Buies of Practice compels the inference that it was granted “ on the exceptions taken during the trial,” and'no questions of law appear in the record to warrant any disturbance of the judgment.

¶2Order reversed, with costs.