Gibbons v. Schwartz

New York Court of Appeals

Gibbons v. Schwartz

42 N.E.2d 611, 288 N.Y. 612, 1942 N.Y. LEXIS 1457

New York Court of Appeals·Decided April 30, 1942·Published·Cited by 2 cases

Opinion

On plaintiff’s appeal: Appeal dismissed, with costs, on the ground that section 588, subdivision 2, of the Civil Practice Act does not authorize an appeal to this court by a party in whose favor the Appellate Division has reversed a judgment and ordered a new trial.

On defendant’s appeal: Order affirmed and judgment absolute ordered against the defendant-appellant upon the second cause of action in accordance with the stipulation, with costs in all courts, unless the defendant-appellant within ten days withdraws her appeal and stipulates to waive costs upon the plaintiff’s appeal. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.

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On plaintiff’s appeal: Appeal dismissed, with costs, on the ground that section 588, subdivision 2, of the Civil Practice Act does not authorize an appeal to this court by a party in whose favor the Appellate Division has reversed a judgment and ordered a new trial.

On defendant’s appeal: Order affirmed and judgment absolute ordered against the defendant-appellant upon the second cause of action in accordance with the stipulation, with costs in all courts, unless the defendant-appellant within ten days withdraws her appeal and stipulates to waive costs upon the plaintiff’s appeal. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.

Gibbons v. Schwartz, 42 N.E.2d 611, 288 N.Y. 612, 1942 N.Y. LEXIS 1457 (N.Y. 1942).

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Opinion

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