East Coast Attic & Basement Co. v. Cytryn

Appellate Division of the Supreme Court of New York

East Coast Attic & Basement Co. v. Cytryn

13 A.D.2d 688, 215 N.Y.S.2d 450, 1961 N.Y. App. Div. LEXIS 11383

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

DecidedApril 17, 1961

StatusPublished

This text of 13 A.D.2d 688 (East Coast Attic & Basement Co. v. Cytryn) 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

East Coast Attic & Basement Co. v. Cytryn, 13 A.D.2d 688, 215 N.Y.S.2d 450, 1961 N.Y. App. Div. LEXIS 11383 (N.Y. Ct. App. 1961).

Pincite

Opinion

Motion by plaintiff to dismiss defendants’ appeal from an order of the Supreme Court, Nassau County, dated March 7, 1961, granting plaintiff’s motion to vacate an order of preclusion on condition that plaintiff pay $100 costs and serve its bill of particulars. The motion is made on the ground that defendants waived their right to prosecute the appeal by receiving, prior to the service of their notice of appeal, the $100 and the bill of particulars, and by retaining both. Defendants admit such receipt and retention. Motion granted; appeal dismissed. Nolan, P. J., Beldoek, Kleinfeld, Christ and Brennan, JJ., concur.

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Motion by plaintiff to dismiss defendants’ appeal from an order of the Supreme Court, Nassau County, dated March 7, 1961, granting plaintiff’s motion to vacate an order of preclusion on condition that plaintiff pay $100 costs and serve its bill of particulars. The motion is made on the ground that defendants waived their right to prosecute the appeal by receiving, prior to the service of their notice of appeal, the $100 and the bill of particulars, and by retaining both. Defendants admit such receipt and retention. Motion granted; appeal dismissed. Nolan, P. J., Beldoek, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 688, 215 N.Y.S.2d 450, 1961 N.Y. App. Div. LEXIS 11383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-coast-attic-basement-co-v-cytryn-nyappdiv-1961.