Garges Bros. v. Specht
This text of 241 A.D. 737 (Garges Bros. v. Specht) 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.
Opinion
Order of the County Court of Nassau county, in so far as it vacates the justice’s judgment and grants a new trial, reversed on the law and the facts, with costs, and motion to set aside the justice’s judgment denied. Concededly, the appeal was not taken within the twenty days authorized by section 428 of the Justice Court Act. It was, therefore, no appeal, and the County Court was correct in dismissing it, but incorrect in so far as it vacated the judgment, a power which could be exercised only under section 453 of the Justice Court Act where an appeal was pending and taken in time. (See Baker R. & L. Co., Inc., v. Buel, 188 App. Div. 822.) Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ., concur.
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241 A.D. 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garges-bros-v-specht-nyappdiv-1934.