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13 Misc. 2d 563

Magee v. Rifkind

Appellate Terms of the Supreme Court of New York · decided 1956-06-14

Decided 1956-06-14

Per Curiam.

¶1The court did not specify the grounds on which the motion for a new trial was made and the grounds on which it was decided in the order vacating the judgment after trial and ordering a new trial; no opinion or memorandum was rendered in connection with the motion and such grounds are not indicated in any way. The order, therefore, fails to comply with the requirements of rule 224 of the Rules of Civil Practice (Morris v. Phillips, 48 N. Y. S. 2d 423).

¶2The order should be reversed, with $10 costs, and judgment reinstated.

¶3Concur — Hofstadter, Heoht and Aurelio, JJ.

¶4Order reversed, etc.

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