In re Magraw

Appellate Division of the Supreme Court of New York

In re Magraw

285 A.D. 1055, 139 N.Y.S.2d 355, 1955 N.Y. App. Div. LEXIS 6657

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

DecidedApril 4, 1955

StatusPublished

Cited by1 cases

This text of 285 A.D. 1055 (In re Magraw) 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

In re Magraw, 285 A.D. 1055, 139 N.Y.S.2d 355, 1955 N.Y. App. Div. LEXIS 6657 (N.Y. Ct. App. 1955).

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Opinion

Order of the Supreme Court, Suffolk County, discharging and satisfying of record a judgment originally entered in New York County and thereafter docketed in Suffolk County, reversed, without costs, and application dismissed, without costs, without prejudice to the making of an application as hereinafter indicated. The moving party’s right to the relief sought herein depends upon a stipulation made in the action in New York County. It is necessary to determine whether she has so performed the terms of the stipulation on her part to be performed as to be entitled to have the judgment satisfied or, if she did not fully perform all such terms, whether such performance was waived by the acts of appellant. In these circumstances, the present application is so bound up with the original action in New York County as to constitute a motion in that action, and should properly have been brought in the first judicial district, pursuant to rule 63 of the Rules of Civil Practice. MacCrate, Acting P. J., Schmidt, Beldock, Murphy and Ughetta, JJ., concur. [See post, p. 1158.]

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Order of the Supreme Court, Suffolk County, discharging and satisfying of record a judgment originally entered in New York County and thereafter docketed in Suffolk County, reversed, without costs, and application dismissed, without costs, without prejudice to the making of an application as hereinafter indicated. The moving party’s right to the relief sought herein depends upon a stipulation made in the action in New York County. It is necessary to determine whether she has so performed the terms of the stipulation on her part to be performed as to be entitled to have the judgment satisfied or, if she did not fully perform all such terms, whether such performance was waived by the acts of appellant. In these circumstances, the present application is so bound up with the original action in New York County as to constitute a motion in that action, and should properly have been brought in the first judicial district, pursuant to rule 63 of the Rules of Civil Practice. MacCrate, Acting P. J., Schmidt, Beldock, Murphy and Ughetta, JJ., concur. [See post, p. 1158.]

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Bluebook (online)

285 A.D. 1055, 139 N.Y.S.2d 355, 1955 N.Y. App. Div. LEXIS 6657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-magraw-nyappdiv-1955.

Opinion

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