230 A.D. 799 | N.Y. App. Div. | 1930
Motion for leave to appeal to the Court of Appeals denied, with ten dollars costs, on the ground that in a civil action commerced in a City Court this court has no jurisdiction under subdivision 1 of section 589 of the Civil Practice Act to grant a motion to allow an appeal from an order granting a new trial, but is restricted thereunder to an appeal “ from a final judgment or order of the Appellate Division.” (See, also, N. Y. Const, art. VI, § 7.) It would seem that it may not even certify a question under subdivision 4 of section 588 of the Civil Practice Act, since that subdivision was