Turntables, Inc. v. M. B. Plastics Corp.

Appellate Division of the Supreme Court of New York

Turntables, Inc. v. M. B. Plastics Corp.

33 A.D.2d 899, 307 N.Y.S.2d 45, 1970 N.Y. App. Div. LEXIS 5677

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

DecidedJanuary 22, 1970

StatusPublished

Cited by3 cases

This text of 33 A.D.2d 899 (Turntables, Inc. v. M. B. Plastics Corp.) 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

Turntables, Inc. v. M. B. Plastics Corp., 33 A.D.2d 899, 307 N.Y.S.2d 45, 1970 N.Y. App. Div. LEXIS 5677 (N.Y. Ct. App. 1970).

Pincite

Opinion

— 'Appeal from order, entered May 16, 1969, granting plaintiff’s motion for leave to serve an amended complaint, unanimously dismissed, without costs or disbursements. The order granted the motion on condition that plaintiff "pay the costs due within ten days after the date of service of a copy of this order with notice of entry.” It appears that on June 27, 1969, plaintiff’s attorney served a copy of the order of May 16, 1969 and delivered a cheek in the amount of $374.17, the. amount of the costs claimed to be due. Payment of the costs due was imposed as a condition, of granting the relief. Under these circumstances, the acceptance and retention of the $374.17 constituted a waiver of defendants’ right to appeal from the order of May 16, 1969. Accordingly, the appeal must be dismissed (James v. Powell, 24 A D 2d 428; Mikaelian v. Aldrese, 19 A D 2d 604; Wesson v. Dullzell, 15 A D 2d 744). Concur — Eager, J. P., Markewich, Nunez, McNally and Macken, JJ.

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

— 'Appeal from order, entered May 16, 1969, granting plaintiff’s motion for leave to serve an amended complaint, unanimously dismissed, without costs or disbursements. The order granted the motion on condition that plaintiff "pay the costs due within ten days after the date of service of a copy of this order with notice of entry.” It appears that on June 27, 1969, plaintiff’s attorney served a copy of the order of May 16, 1969 and delivered a cheek in the amount of $374.17, the. amount of the costs claimed to be due. Payment of the costs due was imposed as a condition, of granting the relief. Under these circumstances, the acceptance and retention of the $374.17 constituted a waiver of defendants’ right to appeal from the order of May 16, 1969. Accordingly, the appeal must be dismissed (James v. Powell, 24 A D 2d 428; Mikaelian v. Aldrese, 19 A D 2d 604; Wesson v. Dullzell, 15 A D 2d 744). Concur — Eager, J. P., Markewich, Nunez, McNally and Macken, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.2d 899, 307 N.Y.S.2d 45, 1970 N.Y. App. Div. LEXIS 5677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turntables-inc-v-m-b-plastics-corp-nyappdiv-1970.

Opinion

Related

Cite This Page — Counsel Stack