Schweers v. Schweers

Appellate Division of the Supreme Court of New York

Schweers v. Schweers

39 A.D.2d 679, 332 N.Y.S.2d 128, 1972 N.Y. App. Div. LEXIS 4600

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

DecidedMay 16, 1972

StatusPublished

Cited by1 cases

This text of 39 A.D.2d 679 (Schweers v. Schweers) 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

Schweers v. Schweers, 39 A.D.2d 679, 332 N.Y.S.2d 128, 1972 N.Y. App. Div. LEXIS 4600 (N.Y. Ct. App. 1972).

Pincite

Opinion

— Appeal from order, Supreme Court, Bronx County, entered August 6, 1970, denying plaintiffs-appellants’ motion to punish the defendant-respondent for contempt, shall be held in abeyance for a period of 90 days from the date of entry of the order entered herein. The court may not proceed to a determination of the appeal on the merits by reason of the death of the defendant-respondent prior to the submission of the appeal. Application is to be made at Special Term, Bronx County, for the substitution of an executor or administrator for the defendant-respondent. If a personal representative shall not have been appointed and substituted for the defendant-respondent within 90 days, the appeal will be dismissed. (Thompson v. Raymond Kramer, Inc., 23 A D 2d 746; Price v. Booth, 21 A D 2d 680; CPLR 1015, 1021.) Concur — Stevens, P. J., McGivern, Steuer, Tilzer and Eager, JJ.

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

— Appeal from order, Supreme Court, Bronx County, entered August 6, 1970, denying plaintiffs-appellants’ motion to punish the defendant-respondent for contempt, shall be held in abeyance for a period of 90 days from the date of entry of the order entered herein. The court may not proceed to a determination of the appeal on the merits by reason of the death of the defendant-respondent prior to the submission of the appeal. Application is to be made at Special Term, Bronx County, for the substitution of an executor or administrator for the defendant-respondent. If a personal representative shall not have been appointed and substituted for the defendant-respondent within 90 days, the appeal will be dismissed. (Thompson v. Raymond Kramer, Inc., 23 A D 2d 746; Price v. Booth, 21 A D 2d 680; CPLR 1015, 1021.) Concur — Stevens, P. J., McGivern, Steuer, Tilzer and Eager, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

39 A.D.2d 679, 332 N.Y.S.2d 128, 1972 N.Y. App. Div. LEXIS 4600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schweers-v-schweers-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack