Edison v. Perlbinder

Appellate Division of the Supreme Court of New York

Edison v. Perlbinder

271 A.D.2d 794

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

DecidedOctober 14, 1946

StatusPublished

This text of 271 A.D.2d 794 (Edison v. Perlbinder) 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

Edison v. Perlbinder, 271 A.D.2d 794 (N.Y. Ct. App. 1946).

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Opinion

Appeal by defendants from an order-denying their motion to resettle a proposed case,on appeal by striking therefrom the record of a separate and distinct proceeding in contempt that grew out of the trial of the action. Order reversed on the law, without costs, and the motion granted, without costs. The record of a separate and distinct proceeding is not a proper part of the record on appeal from a judgment. (Wierichs v. Innis, 32 Mise. 462, affd. 56 App. Div. 625; 6 Carmody on Hew York Pleading and Practice, § 243.) Hagarty, Carswell, Johnston and Adel, JJ., concur; Lewis, P. J., not voting.

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Appeal by defendants from an order-denying their motion to resettle a proposed case,on appeal by striking therefrom the record of a separate and distinct proceeding in contempt that grew out of the trial of the action. Order reversed on the law, without costs, and the motion granted, without costs. The record of a separate and distinct proceeding is not a proper part of the record on appeal from a judgment. (Wierichs v. Innis, 32 Mise. 462, affd. 56 App. Div. 625; 6 Carmody on Hew York Pleading and Practice, § 243.) Hagarty, Carswell, Johnston and Adel, JJ., concur; Lewis, P. J., not voting.

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Bluebook (online)

271 A.D.2d 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edison-v-perlbinder-nyappdiv-1946.