Ferrill v. Bd. of Educ., Cent. Sch. Dist. No. 1

Full title: JAY H. FERRILL, JR., an Infant, by MINNIE F. FERRILL, His Guardian ad…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 9, 1958

6 A.D.2d 802 (N.Y. App. Div. 1958)

Opinion

June 9, 1958

Present — Nolan, P.J., Beldock, Murphy, Ughetta and Hallinan, JJ.

Motion by appellant for leave to appeal to the Court of Appeals from an order of this court reversing a judgment in favor of respondent and against appellant and granting a new trial. Motion denied. An appeal from an order of the Appellate Division granting a new trial may be taken as of right on a stipulation for judgment absolute (Civ. Prac. Act, § 588, subd. 3), by a party aggrieved ( Lee v. Gander, 271 N.Y. 568; Gibbons v. Schwartz, 288 N.Y. 612).