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

CourtNew York Court of Appeals

DecidedApril 30, 1942

StatusPublished

Cited by2 cases

This text of 42 N.E.2d 611 (Gibbons v. Schwartz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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Bluebook (online)

42 N.E.2d 611, 288 N.Y. 612, 1942 N.Y. LEXIS 1457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbons-v-schwartz-ny-1942.

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