Dondiego v. Cognetta

Appellate Terms of the Supreme Court of New York

Dondiego v. Cognetta

21 Misc. 2d 254, 199 N.Y.S.2d 738, 1959 N.Y. Misc. LEXIS 2351

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 18, 1959

StatusPublished

This text of 21 Misc. 2d 254 (Dondiego v. Cognetta) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dondiego v. Cognetta, 21 Misc. 2d 254, 199 N.Y.S.2d 738, 1959 N.Y. Misc. LEXIS 2351 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $30 costs to plaintiff to abide the event. The judgment was against the weight of the credible evidence.

Appeal from the order should be dismissed. By proceeding to trial after denial of his motion for summary judgment, the plaintiff waived any right to summary judgment. (Corr v. Boggiano, 244 App. Div. 724.)

Concur — Pette, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

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