Opinion
September, 1930.
Motion for leave to appeal to the Court of Appeals denied, with ten dollars costs, on the ground that in a civil action commerced in a City Court this court has no jurisdiction under subdivision 1 of section 589 of the Civil Practice Act to grant a motion to allow an appeal from an order granting a new trial, but is restricted thereunder to an appeal "from a final judgment or order of the Appellate Division." (See, also, N.Y. Const. art. VI, § 7.) It would seem that it may not even certify a question under subdivision 4 of section 588 of the Civil Practice Act,fn_ since that subdivision was intended to apply to cases where the appeal is not given as matter of right ( Mund v. Glokner, 160 N.Y. 571) and that the defendants have the absolute right to appeal by stipulating for judgment absolute under subdivision 2 of section 588 of the Civil Practice Act.fn_ Van Kirk, P.J., Hinman, Hill and Hasbrouck, JJ., concur; DAVIS, J., not voting.
Amd. by Laws of 1926, chap. 725. — [REP.