Hart v. Kaplan

Full title: FRIEDA HART and MARTIN ENGEL, Respondents, v . LOUIS KAPLAN, Appellant

Court: Supreme Court, Appellate Term

Date published: Dec 1, 1906

52 Misc. 653 (N.Y. App. Term 1906)

101 N.Y.S. 763

Opinion

December, 1906.

Isadore M. Levy, for appellant.

Sachs Levy, for respondents.

Per Curiam.

Appeal from order granting motion for reargument dismissed, with ten dollars costs, the order not being appealable.

The order granting a new trial appealed from was largely discretionary and we do not feel that it should be reversed. Costs should have been imposed, however, as a condition for its being granted.

Order affirmed, upon condition that the plaintiffs, within five days after the entry and service of a copy of this order, pay to the defendant ten dollars costs of the motion (Munic. Ct. Act, § 254) and costs of this appeal. Otherwise order reversed, with costs and verdict reinstated.

Present: GILDERSLEEVE, FITZGERALD and DAVIS, JJ

Appeal from order granting motion for reargument dismissed.

Order granting new trial affirmed upon condition that plaintiffs, within five days after entry and service of a copy of this order, pay to defendant ten dollars costs of motion and costs of this appeal. Otherwise order reversed, with costs, and verdict reinstated.