From Casetext: Smarter Legal Research

Daily Dress Co. v. Cucci

Supreme Court, Appellate Term, First Department
Mar 4, 1954
205 Misc. 621 (N.Y. App. Term 1954)

Opinion

March 4, 1954.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BISSELL, J.

Clifton H. Stannage for defendant.

Julius Haimowitz for plaintiff.


There is no authority for the granting of an order by a judge presiding at a trial directing exceptions to be heard in the first instance by an appellate court pursuant to section 550 of the Civil Practice Act, after he has denied a motion for new trial and subsequent to the entry of judgment. The remedy in such event of the aggrieved party is to appeal from the judgment or order denying the motion for new trial and thereby obtain a review of the ruling to which an exception has been taken.

The order dated May 25, 1953, insofar as it directs the exception to be heard in the first instance by this court and suspending judgment in the meantime, should be reversed, and the motion thereby brought before this court dismissed, with $10 costs to the plaintiff.

HAMMER, HOFSTADTER and EDER, JJ., concur.

Order reversed, etc.


Summaries of

Daily Dress Co. v. Cucci

Supreme Court, Appellate Term, First Department
Mar 4, 1954
205 Misc. 621 (N.Y. App. Term 1954)
Case details for

Daily Dress Co. v. Cucci

Case Details

Full title:DAILY DRESS CO. INC., Plaintiff, v. VINCENT CUCCI, Defendant

Court:Supreme Court, Appellate Term, First Department

Date published: Mar 4, 1954

Citations

205 Misc. 621 (N.Y. App. Term 1954)
131 N.Y.S.2d 613