Galasso v. McGoey

Appellate Division of the Supreme Court of New York

Galasso v. McGoey

13 A.D.2d 496, 212 N.Y.S.2d 143, 1961 N.Y. App. Div. LEXIS 12285

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

DecidedMarch 6, 1961

StatusPublished

This text of 13 A.D.2d 496 (Galasso v. McGoey) 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

Galasso v. McGoey, 13 A.D.2d 496, 212 N.Y.S.2d 143, 1961 N.Y. App. Div. LEXIS 12285 (N.Y. Ct. App. 1961).

Pincite

Opinion

Motion by respondent John J. McGoey to dismiss appeal by reason of appellant’s failure to perfect it, denied, on condition that appellant perfect the appeal and be ready to argue or submit it at the May Term, beginning April 24, 1961; appeal ordered on the calendar for said term. The record and appellant’s brief must be served -and filed on or before April 3, 1961. Motion by respondent James McGoey to dismiss appeal on the ground that appellant Waived his right to appeal by paying the costs under the judgment appealed from, denied. Such payment, made under compulsion of the existing judgment, does not constitute a waiver. In the event appellant be successful on the appeal he may be entitled to restitution (Civ. Prae. Act, § 587). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Motion by respondent John J. McGoey to dismiss appeal by reason of appellant’s failure to perfect it, denied, on condition that appellant perfect the appeal and be ready to argue or submit it at the May Term, beginning April 24, 1961; appeal ordered on the calendar for said term. The record and appellant’s brief must be served -and filed on or before April 3, 1961. Motion by respondent James McGoey to dismiss appeal on the ground that appellant Waived his right to appeal by paying the costs under the judgment appealed from, denied. Such payment, made under compulsion of the existing judgment, does not constitute a waiver. In the event appellant be successful on the appeal he may be entitled to restitution (Civ. Prae. Act, § 587). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 496, 212 N.Y.S.2d 143, 1961 N.Y. App. Div. LEXIS 12285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galasso-v-mcgoey-nyappdiv-1961.