¶1For the reasons stated in the opinion in the case of Levine v. Goldsmith, (ante, p. 204), the exceptions should be sustained, the interlocutory judgment reversed and the decision and order of reference vacated, and a new trial granted, with costs to defendant to abide event. Present —Van Brunt, P. J., Patterson, O’Brien and Laughlin, JJ.
71 A.D. 611
Levine v. Goldsmith
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1902
Appellate Division of the Supreme Court of the State of New York · decided 1902-04-15
Exceptions sustained, interlocutory judgment reversed, and decision and order of reference vacated, and new trial granted, with costs to defendant to abide event.—Motion for a new trial at Appellate Division upon exceptions after interlocutory judgment, pursuant to section 1001 of the Code of Civil Procedure, and also an appeal from the interlocutory judgment which was entered in the clerk’s office of the county of New York on the 29th day of August, 1901, upon the decision…
Decided 1902-04-15