Diamond v. Diamond

Appellate Division of the Supreme Court of New York

Diamond v. Diamond

263 A.D. 851, 31 N.Y.S.2d 753, 1941 N.Y. App. Div. LEXIS 5263

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

DecidedDecember 12, 1941

StatusPublished

This text of 263 A.D. 851 (Diamond v. Diamond) 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

Diamond v. Diamond, 263 A.D. 851, 31 N.Y.S.2d 753, 1941 N.Y. App. Div. LEXIS 5263 (N.Y. Ct. App. 1941).

Pincite

Opinion

It appearing that between November 22, 1939, when a motion was made in this court to dismiss the appeal herein, and February 28, 1940, when the appellant died, no steps had been taken looking to the appointment of a committee, it is proper that this court at this time should decide the motion nunc pro tunc as of November 22, 1939. Ordered that the appeal be dismissed, without costs, and that the order be entered nunc pro tunc as of November 23, 1939. Hill, P. J., Bliss, Heffeman and Schenck, JJ., concur; Foster, J., taking no part.

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It appearing that between November 22, 1939, when a motion was made in this court to dismiss the appeal herein, and February 28, 1940, when the appellant died, no steps had been taken looking to the appointment of a committee, it is proper that this court at this time should decide the motion nunc pro tunc as of November 22, 1939. Ordered that the appeal be dismissed, without costs, and that the order be entered nunc pro tunc as of November 23, 1939. Hill, P. J., Bliss, Heffeman and Schenck, JJ., concur; Foster, J., taking no part.

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Bluebook (online)

263 A.D. 851, 31 N.Y.S.2d 753, 1941 N.Y. App. Div. LEXIS 5263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diamond-v-diamond-nyappdiv-1941.