Morris v. Gardner

Full title: ERNEST B. MORRIS et al., Respondents, v. JOHN W. GARDNER, Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 15, 1940

26 N.E.2d 824 (N.Y. 1940)

26 N.E.2d 824

Opinion

Argued February 28, 1940

Decided March 15, 1940

Appeal from the Supreme Court, Appellate Division, Third Department, LAWRENCE, J.

H.E. Blodgett and Howard Murrin for appellant.

Ernest B. Morris for respondents.

Appeal dismissed unless within twenty days appellant files a stipulation for judgment absolute. The order of the Appellate Division is by necessary implication an order granting a new trial. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.