Bergen-Hudson Roofing & Supply Co. v. Perlmutter

Appellate Division of the Supreme Court of New York

Bergen-Hudson Roofing & Supply Co. v. Perlmutter

46 A.D.2d 649, 359 N.Y.S.2d 685, 1974 N.Y. App. Div. LEXIS 4024

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 1974

StatusPublished

This text of 46 A.D.2d 649 (Bergen-Hudson Roofing & Supply Co. v. Perlmutter) 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

Bergen-Hudson Roofing & Supply Co. v. Perlmutter, 46 A.D.2d 649, 359 N.Y.S.2d 685, 1974 N.Y. App. Div. LEXIS 4024 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action to recover for goods sold and delivered, which was settled by stipulation upon the record, defendant Perlmutter appeals from an order of the Supreme Court, Rockland County, dated December 12, 1973, which granted plaintiff’s motion to restore the case to. the Trial Calendar, upon the condition that plaintiff pay costs in stated amounts to the respective attorneys for the two defendants. Appeal dismissed, without costs. Having accepted and retained the benefits of the order appealed from, to wit, the costs imposed thereby, defendants may not be permitted to urge the invalidity of the determination made by the order (Amin v. McGuire, 43 A D 2d 578). If we were not dismissing the appeal, we would affirm the order on the merits. Gulotta, P. J., Hopkins, Shapiro, Cohalan and Munder, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover for goods sold and delivered, which was settled by stipulation upon the record, defendant Perlmutter appeals from an order of the Supreme Court, Rockland County, dated December 12, 1973, which granted plaintiff’s motion to restore the case to. the Trial Calendar, upon the condition that plaintiff pay costs in stated amounts to the respective attorneys for the two defendants. Appeal dismissed, without costs. Having accepted and retained the benefits of the order appealed from, to wit, the costs imposed thereby, defendants may not be permitted to urge the invalidity of the determination made by the order (Amin v. McGuire, 43 A D 2d 578). If we were not dismissing the appeal, we would affirm the order on the merits. Gulotta, P. J., Hopkins, Shapiro, Cohalan and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.2d 649, 359 N.Y.S.2d 685, 1974 N.Y. App. Div. LEXIS 4024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergen-hudson-roofing-supply-co-v-perlmutter-nyappdiv-1974.