Mosera v. City of New York

Appellate Division of the Supreme Court of New York

Mosera v. City of New York

93 A.D.2d 833, 461 N.Y.S.2d 51, 1983 N.Y. App. Div. LEXIS 17681

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

DecidedApril 11, 1983

StatusPublished

Cited by4 cases

This text of 93 A.D.2d 833 (Mosera v. City of New York) 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

Mosera v. City of New York, 93 A.D.2d 833, 461 N.Y.S.2d 51, 1983 N.Y. App. Div. LEXIS 17681 (N.Y. Ct. App. 1983).

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Opinion

— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County (Pino, J.), dated April 5, 1982, which granted the motion of defendant Brooklyn Union Gas Company to, inter alia, vacate its default in answering on condition that it serve its answer within three days from the date of the order, and upon the further condition that it pay the amount of $250 costs to the attorney for the plaintiffs, within that time. Appeal dismissed, with $50 costs and disbursements. Plaintiffs’ right to appeal was waived by acceptance of the $250 costs awarded under the conditional order (see Gohery v Spartan Concrete Corp., 85 AD2d 678, affd 56 NY2d 785). Damiani, J. P., Mangano, Gulotta and Brown, JJ., concur.

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— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County (Pino, J.), dated April 5, 1982, which granted the motion of defendant Brooklyn Union Gas Company to, inter alia, vacate its default in answering on condition that it serve its answer within three days from the date of the order, and upon the further condition that it pay the amount of $250 costs to the attorney for the plaintiffs, within that time. Appeal dismissed, with $50 costs and disbursements. Plaintiffs’ right to appeal was waived by acceptance of the $250 costs awarded under the conditional order (see Gohery v Spartan Concrete Corp., 85 AD2d 678, affd 56 NY2d 785). Damiani, J. P., Mangano, Gulotta and Brown, JJ., concur.

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Bluebook (online)

93 A.D.2d 833, 461 N.Y.S.2d 51, 1983 N.Y. App. Div. LEXIS 17681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosera-v-city-of-new-york-nyappdiv-1983.

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