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Barone v. Pierce

51 A.D.2d 872
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 20, 1976
DocketAppeal No. 2
StatusPublished

This text of 51 A.D.2d 872 (Barone v. Pierce) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barone v. Pierce, 51 A.D.2d 872 (N.Y. Ct. App. 1976).

Opinion

Order unanimously af firmed, without costs. Memorandum: The movant lacks standing to make the application on behalf of the estate of the deceased defendant (Hart v Goadby, 138 App Div 160, 164-165; Bonham v Coe, 249 App Div 428, 431; Kovner v Beer, 70 Misc 2d 739, affd on opn of Lupiano, J., 39 AD2d 880), and she may not collaterally attack the judgment. We do not adopt the reasons assigned by Special Term in denying the motion (see Barone v Cox, 51 AD2d 115, 117). (Appeal from order of Erie Supreme Court in action on demand note.) Present—Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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Related

Hart v. Goadby
138 A.D. 160 (Appellate Division of the Supreme Court of New York, 1910)
Bonham v. Coe
249 A.D. 428 (Appellate Division of the Supreme Court of New York, 1937)
Kovner v. Beer
39 A.D.2d 880 (Appellate Division of the Supreme Court of New York, 1972)
Barone v. Cox
51 A.D.2d 115 (Appellate Division of the Supreme Court of New York, 1976)
Kovner v. Beer
70 Misc. 2d 739 (New York Supreme Court, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
51 A.D.2d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barone-v-pierce-nyappdiv-1976.