Opinion
October 30, 1936.
Appeal from Supreme Court of New York County.
Milton M. Gettinger of counsel [ Gettinger Gettinger, attorneys], for the appellant.
Stanley S. Groggins of counsel [ Schneider Groggins, attorneys], for the respondent.
Present — MARTIN, P.J., McAVOY, UNTERMYER, DORE and COHN, JJ.
The order should be reversed, with twenty dollars costs and disbursements, and the motion denied, with ten dollars costs. A motion for a new trial on exceptions could not be heard in the first instance by the Appellate Division after it had been heard and denied by the trial court. ( Babad v. Colton Dental Association, 150 App. Div. 561; Starbuck v. Smith, 173 id. 954; Oglesby v. Massachusetts Accident Co., 212 id. 886.)
Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied, with ten dollars costs.