Silverstein v. Standard Acc. Ins. Co. of Detroit

CourtNew York Court of Appeals
Writing for the CourtCHASE
Citation221 N.Y. 332,117 N.E. 307
PartiesSILVERSTEIN v. STANDARD ACC. INS. CO. OF DETROIT, MICH.
Decision Date02 October 1917

221 N.Y. 332
117 N.E. 307

SILVERSTEIN
v.
STANDARD ACC.
INS. CO. OF DETROIT, MICH.

Court of Appeals of New York.

Oct. 2, 1917.


Appeal from Supreme Court, Appellate Division, First Department.

Action by Joshua Silverstein against the Standard Accident Insurance Company of Detroit, Mich. Motions for judgment on the pleadings by both parties were denied, and both parties appealed. Reversed, and motion of defendant granted. From the judgment entered in the court in accordance with the order of the appellate court, plaintiff appealed. Appeal dismissed (164 N. Y. Supp. 1113) and plaintiff appeals. Affirmed.

See, also, 117 N. E. 1085.


[221 N.Y. 332]Morrison & Schiff, of New York City, for appellant.

Frank Verner Johnson, of New York City, for respondent.


[221 N.Y. 333]CHASE, J.

After the service of the complaint and answer both parties moved at Special Term for judgment upon the pleadings, and the motions were denied. Both parties appealed from the order entered on such decision to the Appellate Division, and the order was reversed (Silverstein v. Standard Accident Insurance Co., 175 App. Div. 639,162 N. Y. Supp. 601), and the motion of the defendant granted. The order of the Appellate Division was duly filed in the office of the clerk of the county of New York, and judgment was entered thereon in favor of the defendant, dismissing the complaint, with costs. The plaintiff then made application to the Appellate Division for leave to appeal to the Court of Appeals, which application was denied. Silverstein v. Standard Accident Insurance Co., 176 App. Div. 912,162 N. Y. Supp. 1144. An appeal was then taken to the Appellate Division from the judgment entered on its order granting the defendant's motion for judgment in its favor upon the pleadings. The Appellate Division dismissed the appeal

[117 N.E. 308]

(Silverstein v. Standard Accident Insurance Co., 178 App. Div. 891, 164 N. Y. Supp. 1113), and from the judgment entered upon that order, dismissing the appeal, an appeal is taken to this court (Stevens v. Central National Bank of Boston, 162 N. Y. 253, 56 N. E. 628).

[1] Section 1355 of the Code of Civil Procedure, relating to an appeal to the Appellate Division, among other things provides:

‘* * * The order made upon the appeal must be entered in the office of the clerk of the Appellate [221 N.Y. 334]Division, and a certified copy thereof, with the original case or papers upon which the appeal was heard, filed as provided in section 1353, must be transmitted...

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5 practice notes
  • Radcliffe v. Franklin Nat. Ins. Co. of N. Y.
    • United States
    • Supreme Court of Oregon
    • 27 Junio 1956
    ...135 N.E. 948; Silverstein v. Standard Accident Ins. Co., 175 App.Div. 639, 162 N.Y.S. 601; Id., 178 App.Div. 891, 164 N.Y.S. 1113; Id., 221 N.Y. 332, 117 N.E. 307. Pennsylvania apparently has a like extreme rule. Schmidt & Sons Brewing Co. v. Travelers Ins. Co., 244 Pa. 286, 90 A. 653, 52 L......
  • Ochs v. Woods,
    • United States
    • New York Court of Appeals
    • 2 Octubre 1917
    ...in the direct examination. They sprang from a cross-examination concerning the unwillingness of the plaintiff to reveal the identity of [117 N.E. 307]the person obtained as the tenant before the defendant had signed the written agreement to pay the commissions. They may have been made witho......
  • Guar. Trust Co. of New York v. State, (Claim No. 27969).
    • United States
    • New York Court of Appeals
    • 2 Junio 1949
    ...of New York (New Court House), 216 N.Y. 489, 111 N.E. 65, Ann.Cas.1917D, 157;Silverstein v. Standard Accident Ins. Co. of Detroit, Mich., 221 N.Y. 332, 117 N.E. 307; Borenstein v. Borenstein, 272 N.Y. 407, 3 N.E.2d 844; Civil Practice Act, s 588, subd. 1, cl. (b). Accordingly, we heretofore......
  • Redman v. Verplex Art Co. 
    • United States
    • New York Court of Appeals
    • 1 Abril 1924
    ...90 N. E. 817, and Baumert v. Malkin, 231 N. Y. 509, 132 N. E. 867, on the one hand, and Silverstein v. Standard Accident Insurance Co., 221 N. Y. 332, 117 N. E. 307, and Rose v. Bristol, 222 N. Y. 11, 117 N. E. 1057, on the other. In the first group of cases the Appellate Division did not i......
  • Request a trial to view additional results
5 cases
  • Radcliffe v. Franklin Nat. Ins. Co. of N. Y.
    • United States
    • Supreme Court of Oregon
    • 27 Junio 1956
    ...135 N.E. 948; Silverstein v. Standard Accident Ins. Co., 175 App.Div. 639, 162 N.Y.S. 601; Id., 178 App.Div. 891, 164 N.Y.S. 1113; Id., 221 N.Y. 332, 117 N.E. 307. Pennsylvania apparently has a like extreme rule. Schmidt & Sons Brewing Co. v. Travelers Ins. Co., 244 Pa. 286, 90 A. 653, 52 L......
  • Ochs v. Woods,
    • United States
    • New York Court of Appeals
    • 2 Octubre 1917
    ...in the direct examination. They sprang from a cross-examination concerning the unwillingness of the plaintiff to reveal the identity of [117 N.E. 307]the person obtained as the tenant before the defendant had signed the written agreement to pay the commissions. They may have been made witho......
  • Guar. Trust Co. of New York v. State, (Claim No. 27969).
    • United States
    • New York Court of Appeals
    • 2 Junio 1949
    ...of New York (New Court House), 216 N.Y. 489, 111 N.E. 65, Ann.Cas.1917D, 157;Silverstein v. Standard Accident Ins. Co. of Detroit, Mich., 221 N.Y. 332, 117 N.E. 307; Borenstein v. Borenstein, 272 N.Y. 407, 3 N.E.2d 844; Civil Practice Act, s 588, subd. 1, cl. (b). Accordingly, we heretofore......
  • Redman v. Verplex Art Co. 
    • United States
    • New York Court of Appeals
    • 1 Abril 1924
    ...90 N. E. 817, and Baumert v. Malkin, 231 N. Y. 509, 132 N. E. 867, on the one hand, and Silverstein v. Standard Accident Insurance Co., 221 N. Y. 332, 117 N. E. 307, and Rose v. Bristol, 222 N. Y. 11, 117 N. E. 1057, on the other. In the first group of cases the Appellate Division did not i......
  • Request a trial to view additional results

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