Kittel v. Silver
This text of 198 A.D. 1013 (Kittel v. Silver) 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
Since the changes in the former General Rules of Practice, a motion in the Special Term that appellant be deemed to have waived his right to make a case, and an order thereon, do not work a dismissal of the appeal. (Fowler v. New York Herald Co., 198 App. Div. 419, 994.) The printed proposed case served on September twenty-third was good, though it did not contain all exhibits, since under rule 41
General Rules of Practice, rule 41.— [Rep,
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198 A.D. 1013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kittel-v-silver-nyappdiv-1921.