Auerbach v. Commercial Capital Corp.

New York Court of Appeals

Auerbach v. Commercial Capital Corp.

93 N.E.2d 349, 301 N.Y. 551, 1950 N.Y. LEXIS 896

CourtNew York Court of Appeals

DecidedMay 18, 1950

StatusPublished

Cited by1 cases

This text of 93 N.E.2d 349 (Auerbach v. Commercial Capital Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Auerbach v. Commercial Capital Corp., 93 N.E.2d 349, 301 N.Y. 551, 1950 N.Y. LEXIS 896 (N.Y. 1950).

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Opinion

Motion to dismiss appeal taken on behalf of the plaintiff Barrett granted and appeal dismissed on the ground that plaintiff was deceased at the time the case was heard in the Appellate Division (Matter of O’Esau v. Bliss Co., 224 N. Y. 701). Motion to dismiss appeal taken on behalf of the remaining plaintiffs granted and appeal dismissed, with costs and $10 costs of motion, unless appellants serve and file an undertaking on appeal and pay $10 costs within ten days, in which events motion denied.

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Motion to dismiss appeal taken on behalf of the plaintiff Barrett granted and appeal dismissed on the ground that plaintiff was deceased at the time the case was heard in the Appellate Division (Matter of O’Esau v. Bliss Co., 224 N. Y. 701). Motion to dismiss appeal taken on behalf of the remaining plaintiffs granted and appeal dismissed, with costs and $10 costs of motion, unless appellants serve and file an undertaking on appeal and pay $10 costs within ten days, in which events motion denied.

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Bluebook (online)

93 N.E.2d 349, 301 N.Y. 551, 1950 N.Y. LEXIS 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auerbach-v-commercial-capital-corp-ny-1950.

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