Doyle v. Levy

Appellate Division of the Supreme Court of New York

Doyle v. Levy

3 A.D.2d 908, 162 N.Y.S.2d 714, 1957 N.Y. App. Div. LEXIS 5410

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

DecidedMay 21, 1957

StatusPublished

Cited by3 cases

This text of 3 A.D.2d 908 (Doyle v. Levy) 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

Doyle v. Levy, 3 A.D.2d 908, 162 N.Y.S.2d 714, 1957 N.Y. App. Div. LEXIS 5410 (N.Y. Ct. App. 1957).

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Opinion

The determination of the learned trial court is hereby affirmed in all respects, save one, both on the appeal by the defendants and the cross appeal of the plaintiff. Concededly, no demand was made for repayment of the moneys disbursed prior to the service of process upon each of the defendants. Under the circumstances, interest may be computed only from the time of the service of the summons in each instance (see MacIntyre v. State Rank of Albany, 307 N. V. 630, 633). The judgment is, therefore, unanimously modified to the extent indicated and, as so modified, affirmed. Settle order on notice. Concur — Peek, P. J., Botein, Prank, Valente and McNally, JJ.

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The determination of the learned trial court is hereby affirmed in all respects, save one, both on the appeal by the defendants and the cross appeal of the plaintiff. Concededly, no demand was made for repayment of the moneys disbursed prior to the service of process upon each of the defendants. Under the circumstances, interest may be computed only from the time of the service of the summons in each instance (see MacIntyre v. State Rank of Albany, 307 N. V. 630, 633). The judgment is, therefore, unanimously modified to the extent indicated and, as so modified, affirmed. Settle order on notice. Concur — Peek, P. J., Botein, Prank, Valente and McNally, JJ.

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Bluebook (online)

3 A.D.2d 908, 162 N.Y.S.2d 714, 1957 N.Y. App. Div. LEXIS 5410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-levy-nyappdiv-1957.

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