Sibley v. Gamble

Appellate Division of the Supreme Court of New York

Sibley v. Gamble

33 A.D.2d 1099, 1970 N.Y. App. Div. LEXIS 5557

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

DecidedFebruary 12, 1970

StatusPublished

This text of 33 A.D.2d 1099 (Sibley v. Gamble) 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

Sibley v. Gamble, 33 A.D.2d 1099, 1970 N.Y. App. Div. LEXIS 5557 (N.Y. Ct. App. 1970).

Pincite

Opinion

Motion granted to the extent of dismissing appeal unless records and appellants’ briefs are filed and served on or before March 10, 1970. Memorandum: It is impossible to determine upon the moving papers whether or not the issues in this appeal are res judicata by reason of our prior decision (33 A D 2d 994) between the same parties. Furthermore if, as plaintiff contends, there was an agreement or stipulation between the parties that the decision in the prior appeal should be determinative of the issues in this appeal, the proper procedure is to move at Special Term to compel performance thereof or, if necessary, to institute a separate action (cf. 2 Carmody-Wait 2d, Hew York Practice, §§ 7:15, 7:16).

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Motion granted to the extent of dismissing appeal unless records and appellants’ briefs are filed and served on or before March 10, 1970. Memorandum: It is impossible to determine upon the moving papers whether or not the issues in this appeal are res judicata by reason of our prior decision (33 A D 2d 994) between the same parties. Furthermore if, as plaintiff contends, there was an agreement or stipulation between the parties that the decision in the prior appeal should be determinative of the issues in this appeal, the proper procedure is to move at Special Term to compel performance thereof or, if necessary, to institute a separate action (cf. 2 Carmody-Wait 2d, Hew York Practice, §§ 7:15, 7:16).

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Bluebook (online)

33 A.D.2d 1099, 1970 N.Y. App. Div. LEXIS 5557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sibley-v-gamble-nyappdiv-1970.