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DAILY DRESS CO. v. Cucci

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

Opinion

03-04-1954

Daily Dress Co. Inc., Plaintiff, v. Vincent Cucci, Defendant.


Clifton H. Stannage for defendant. Julius Haimowitz for plaintiff. HAMMER, HOFSTADTER and EDER, JJ., concur. Per Curiam. 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. 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)