General
John Golden, Appellant, v. The City of New York, Respondent
156 A.D. 929·New York Supreme Court, Appellate Division·1913·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
John Golden, Appellant, v. The City of New York, Respondent.
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 5th day of March, 1913, granting the plaintiff’s motion to restore the action to the trial calendar upon conditions.
[MAJORITY — Per Curiam:]
Per Curiam:
The order appealed from is modified by striking out the condition which requires the plaintiff to stipulate not to offer proof of his'deafness as the result of his injury. In thus disposing of this appeal, we do not intend to Intimate any opinion as to whether the evidence of the deafness of the plaintiff under the pleadings as they stand is competent, leaving that to be determined on the trial. As modified the order is affirmed, without costs. Present— Ingraham, P. J.; Clarke, Scott, Dowling and Hotchkiss, JJ. Order modified as directed in opinion, and as modified affirmed, without costs.