Goldstein v. U. S. Smoked Fish Distributors, Inc.

Appellate Division of the Supreme Court of New York

Goldstein v. U. S. Smoked Fish Distributors, Inc.

248 A.D. 875, 294 N.Y.S. 716, 1936 N.Y. App. Div. LEXIS 7837

Appellate Division of the Supreme Court of the State of New York·Decided October 2, 1936·Published

Opinion

Motion for a stay pending the hearing and determination of the appeal granted upon condition that appellant perfect the appeal for Friday, October ninth (for which day the case is ordered on the calendar), and be ready for argument when reached, and upon the further condition that within two days from the entry of the order hereon the defendant-appellant file a corporate undertaking that upon the affirmance of the order it will pay to the plaintiff all moneys directed by the order, including the advance payments; otherwise denied. We are of opinion that the present undertaking is insufficient. (Mossein v. Empire State Surety Co., 97 App. Div. 230; 117 id. 820; Civ. Prac. Act, § 614.) Present — Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ.

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Motion for a stay pending the hearing and determination of the appeal granted upon condition that appellant perfect the appeal for Friday, October ninth (for which day the case is ordered on the calendar), and be ready for argument when reached, and upon the further condition that within two days from the entry of the order hereon the defendant-appellant file a corporate undertaking that upon the affirmance of the order it will pay to the plaintiff all moneys directed by the order, including the advance payments; otherwise denied. We are of opinion that the present undertaking is insufficient. (Mossein v. Empire State Surety Co., 97 App. Div. 230; 117 id. 820; Civ. Prac. Act, § 614.) Present — Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ.

Goldstein v. U. S. Smoked Fish Distributors, Inc., 248 A.D. 875, 294 N.Y.S. 716, 1936 N.Y. App. Div. LEXIS 7837 (N.Y. Ct. App. 1936).

Pincite

248 A.D. 875 (Goldstein v. U. S. Smoked Fish Distributors, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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