PEEMOLLER v. VISCARRA


36 A.D.2d 971 (1971)

Walter Peemoller, Appellant, v. Mary Viscarra, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 17, 1971


Appeal from order dismissed, without costs.

No appeal lies from an order denying a motion to set aside the trial court's determination of the action upon trial, when the motion is made solely on the trial minutes. Judgment reversed, on the law, and new trial granted as against defendant Viscarra, with costs to abide the event. The questions of fact have not been considered. The complaint was prematurely dismissed. Proof of ownership of an automobile creates a rebuttable...

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