HIGGINS v. CHILDS


13 Misc.2d 442 (1958)

William Higgins, Appellant, v. Philip Childs, Doing Business as Morn Trading Co., Respondent.

Supreme Court, Appellate Term, First Department.

June 5, 1958.


Attorney(s) appearing for the Case

Raymond H. Sipperley for appellant.

Eugene H. Nickerson and Ruth H. Joseph for respondent.

Concur — HOFSTADTER, J. P., HECHT and TILZER, JJ.


Per Curiam.

The court having failed to specify the grounds on which the motion for a new trial was made and the grounds on which it was decided, the order granting a new trial did not comply with rule 224 of the Rules of Civil Practice and must be reversed (Magee v. Rifkind, 153 N.Y.S.2d 731).

The order should be reversed, with $10 costs, and motion denied.

Order...

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