Ross v. Food Specialties, Inc.

Appellate Division of the Supreme Court of New York

Ross v. Food Specialties, Inc.

5 A.D.2d 994, 173 N.Y.S.2d 452, 1958 N.Y. App. Div. LEXIS 6363

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

DecidedApril 7, 1958

StatusPublished

Cited by1 cases

This text of 5 A.D.2d 994 (Ross v. Food Specialties, Inc.) 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

Ross v. Food Specialties, Inc., 5 A.D.2d 994, 173 N.Y.S.2d 452, 1958 N.Y. App. Div. LEXIS 6363 (N.Y. Ct. App. 1958).

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Opinion

Motion to dismiss appeal granted, without costs and appeal dismissed. The appeal is from an order striking out a defense contained in the answer to the amended complaint, with leave to serve an amended answer. An amended answer was served on January 7,1958. The notice of appeal is dated January 24, 1958. The affirmative defense contained in said amended answer has also been struck out pursuant to an order which is not before this court. By the service of the amended answer prior to the date of the notice of appeal, the appellant waived her right to appeal (see, e.g., Millard v. Delaware, Lackawanna & Western R. R. Co., 204 App. Div. 80; Gilchrest House v. Guaranteed Tit. & Mtge. Co., 276 App. Div. 778).

Present—-Nolan, P. J., Wenzel, Beldock, Hallinan and Kleinfeld, JJ.

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Motion to dismiss appeal granted, without costs and appeal dismissed. The appeal is from an order striking out a defense contained in the answer to the amended complaint, with leave to serve an amended answer. An amended answer was served on January 7,1958. The notice of appeal is dated January 24, 1958. The affirmative defense contained in said amended answer has also been struck out pursuant to an order which is not before this court. By the service of the amended answer prior to the date of the notice of appeal, the appellant waived her right to appeal (see, e.g., Millard v. Delaware, Lackawanna & Western R. R. Co., 204 App. Div. 80; Gilchrest House v. Guaranteed Tit. & Mtge. Co., 276 App. Div. 778).

Present—-Nolan, P. J., Wenzel, Beldock, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

5 A.D.2d 994, 173 N.Y.S.2d 452, 1958 N.Y. App. Div. LEXIS 6363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-food-specialties-inc-nyappdiv-1958.

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