Flagg v. Moses

Appellate Division of the Supreme Court of New York

Flagg v. Moses

222 A.D. 821

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

DecidedJanuary 15, 1928

StatusPublished

This text of 222 A.D. 821 (Flagg v. Moses) 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

Flagg v. Moses, 222 A.D. 821 (N.Y. Ct. App. 1928).

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Opinion

Motion for leave to appeal to the Court of Appeals denied, without costs. We are of opinion that we may not, by certifying questions, dispense with the constitutional requirement that defendants stipulate for judgment absolute in the event of affirmance. (Mundt v. Glokner, 24 App. Div. 110; 160 N. Y. 571; New York Central & Hudson River Railroad Company v. State of New York, 166 id. 286; Smith v. Furst, 188 App. Div. 892; Gross & Son v. State of New York, 243 N. Y. 629.) Lazansky, P. J., Young, Kapper, Hagarty and Seeger, JJ., concur.

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Motion for leave to appeal to the Court of Appeals denied, without costs. We are of opinion that we may not, by certifying questions, dispense with the constitutional requirement that defendants stipulate for judgment absolute in the event of affirmance. (Mundt v. Glokner, 24 App. Div. 110; 160 N. Y. 571; New York Central & Hudson River Railroad Company v. State of New York, 166 id. 286; Smith v. Furst, 188 App. Div. 892; Gross & Son v. State of New York, 243 N. Y. 629.) Lazansky, P. J., Young, Kapper, Hagarty and Seeger, JJ., concur.

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Bluebook (online)

222 A.D. 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flagg-v-moses-nyappdiv-1928.

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