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Merchant v. Froelich

Appellate Division of the Supreme Court of New York, Third Department
Mar 20, 1952
279 App. Div. 965 (N.Y. App. Div. 1952)

Opinion

March 20, 1952.

Appeal from City Court of the City of Troy.


The action was brought by plaintiff to recover damages for personal injuries. In the complaint, the plaintiff alleged that she was damaged to the extent of $2,000. Her claim is that in the month of May, 1950, she employed defendant to shampoo her hair and that the work was done so negligently and carelessly that her neck was severely burned. Plaintiff has moved to dismiss the appeal to this court on the ground that the same should have been taken to the County Court of Rensselaer County pursuant to the provisions of section 176 of chapter 881 of the Laws of 1939, which govern appeals from the City Court of the City of Troy. Under sub-division 9 of that section, we believe that this contention is correct. This court has no jurisdiction to review the judgment and the motion to dismiss the appeal should be granted. Appeal dismissed, with $10 costs. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur.


Summaries of

Merchant v. Froelich

Appellate Division of the Supreme Court of New York, Third Department
Mar 20, 1952
279 App. Div. 965 (N.Y. App. Div. 1952)
Case details for

Merchant v. Froelich

Case Details

Full title:LILLIAN M. MERCHANT, Respondent, v. ELIZABETH A. FROELICH, Doing Business…

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

Date published: Mar 20, 1952

Citations

279 App. Div. 965 (N.Y. App. Div. 1952)