Frank v. Pennaccso

Appellate Terms of the Supreme Court of New York

Frank v. Pennaccso

160 N.Y.S. 1003

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 17, 1916

StatusPublished

This text of 160 N.Y.S. 1003 (Frank v. Pennaccso) 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

Frank v. Pennaccso, 160 N.Y.S. 1003 (N.Y. Ct. App. 1916).

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Opinion

BIJUR, J.

It is not necessary to determine the many points raised on this appeal because of the “fatal objections to the order,” in that “it does not contain the absolutely necessary adjudication” that the act for which the party is punished “was calculated to or actually did defeat, impair, impede, or prejudice the rights or remedies of the complaining party.” Guerrier v. Coleman, 135 App. Div. 46, 119 N. Y. Supp. 895; Judiciary Law, § 770.

Order reversed, with $10 costs and disbursements, with leave, however, to renew the motion in the court below. All concur.

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BIJUR, J.

It is not necessary to determine the many points raised on this appeal because of the “fatal objections to the order,” in that “it does not contain the absolutely necessary adjudication” that the act for which the party is punished “was calculated to or actually did defeat, impair, impede, or prejudice the rights or remedies of the complaining party.” Guerrier v. Coleman, 135 App. Div. 46, 119 N. Y. Supp. 895; Judiciary Law, § 770.

Order reversed, with $10 costs and disbursements, with leave, however, to renew the motion in the court below. All concur.

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Bluebook (online)

160 N.Y.S. 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-pennaccso-nyappterm-1916.

Opinion

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