Opinion
January 18, 1950.
Appeal from Columbia County Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The action involved a claim for the sum of $155.28 and was originally brought in Justice's Court in the town of Greenport, Columbia County. On a trial before the Justice and a jury, defendant-appellant was there successful. Subsequently the plaintiff-respondent appealed to the County Court and demanded a new trial in that court in accordance with the provisions of section 442 of the Justice Court Act. A new trial was granted and had before the County Judge, without a jury. As the result of that trial plaintiff-respondent recovered a verdict for the amount demanded. Defendant-appellant's points on appeal are not presented against the judgment on its merits but rather against the action of the County Court in trying the case de novo. We think the procedure followed was proper under the statute and that the statute is not unconstitutional. Judgment unanimously affirmed, with costs.