Mikaelian v. Aldrese

Appellate Division of the Supreme Court of New York

Mikaelian v. Aldrese

19 A.D.2d 604, 240 N.Y.S.2d 855, 1963 N.Y. App. Div. LEXIS 3576

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

DecidedJune 18, 1963

StatusPublished

Cited by1 cases

This text of 19 A.D.2d 604 (Mikaelian v. Aldrese) 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

Mikaelian v. Aldrese, 19 A.D.2d 604, 240 N.Y.S.2d 855, 1963 N.Y. App. Div. LEXIS 3576 (N.Y. Ct. App. 1963).

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Opinion

Appeal from order entered January 31, 1963, denying motion to dismiss for lack of prosecution, unanimously dismissed, without costs. The order denied the motion “on condition that the plaintiffs pay costs, chargeable to and paid by the attorney for the plaintiffs in the sum of $100 and notices this case for trial for the next available term after entry of this order.” It appears that the defendant or his attorney has accepted and cashed a check for the costs tendered by the attorney for the plaintiffs in compliance with the order of the court. Under these circumstances, the right to appeal is waived and the appeal should be dismissed. (Wesson v. Dullzell, 15 A D 2d 744; James v. Ouimet, 283 App. Div. 819.) Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

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Appeal from order entered January 31, 1963, denying motion to dismiss for lack of prosecution, unanimously dismissed, without costs. The order denied the motion “on condition that the plaintiffs pay costs, chargeable to and paid by the attorney for the plaintiffs in the sum of $100 and notices this case for trial for the next available term after entry of this order.” It appears that the defendant or his attorney has accepted and cashed a check for the costs tendered by the attorney for the plaintiffs in compliance with the order of the court. Under these circumstances, the right to appeal is waived and the appeal should be dismissed. (Wesson v. Dullzell, 15 A D 2d 744; James v. Ouimet, 283 App. Div. 819.) Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

19 A.D.2d 604, 240 N.Y.S.2d 855, 1963 N.Y. App. Div. LEXIS 3576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mikaelian-v-aldrese-nyappdiv-1963.

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