Levy v. Warschauer

Appellate Terms of the Supreme Court of New York

Levy v. Warschauer

125 N.Y.S. 625

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 11, 1910

StatusPublished

Cited by1 cases

This text of 125 N.Y.S. 625 (Levy v. Warschauer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levy v. Warschauer, 125 N.Y.S. 625 (N.Y. Ct. App. 1910).

Pincite

Opinion

BIJUR, J.

Plaintiffs’ claim was for some $132. Prior to suit brought, defendants tendered $92 in full settlement, which was refused. Plaintiffs then brought this action, but by a clerical error claimed only $40. On the return day the defendants waited until a default had been taken, and then paid into court the sum of $42, being the amount of the judgment and costs.

When the plaintiffs’ counsel became aware of the error, they moved to vacate the judgment, for leave to discontinue the action, and for a direction to the clerk to return to defendants the $42 paid_ in by them. This motion was granted, upon condition that plaintiffs should pay defendants $10 costs and their disbursements. It is from this order that defendants appeal.

The order, not being one of those enumerated in sections 253, 254, 255, or 256 of the Municipal Court act (Laws 1902, c. 580), is therefore not appealable, and the appeal must therefore be dismissed.

Appeal dismissed, with $10 costs. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BIJUR, J.

Plaintiffs’ claim was for some $132. Prior to suit brought, defendants tendered $92 in full settlement, which was refused. Plaintiffs then brought this action, but by a clerical error claimed only $40. On the return day the defendants waited until a default had been taken, and then paid into court the sum of $42, being the amount of the judgment and costs.

When the plaintiffs’ counsel became aware of the error, they moved to vacate the judgment, for leave to discontinue the action, and for a direction to the clerk to return to defendants the $42 paid_ in by them. This motion was granted, upon condition that plaintiffs should pay defendants $10 costs and their disbursements. It is from this order that defendants appeal.

The order, not being one of those enumerated in sections 253, 254, 255, or 256 of the Municipal Court act (Laws 1902, c. 580), is therefore not appealable, and the appeal must therefore be dismissed.

Appeal dismissed, with $10 costs. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

125 N.Y.S. 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-warschauer-nyappterm-1910.

Opinion

Related

Cite This Page — Counsel Stack