Vella v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of New York

Vella v. United States Fidelity & Guaranty Co.

249 A.D. 708, 292 N.Y.S. 929, 1936 N.Y. App. Div. LEXIS 5546

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

DecidedNovember 11, 1936

StatusPublished

This text of 249 A.D. 708 (Vella v. United States Fidelity & Guaranty Co.) 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

Vella v. United States Fidelity & Guaranty Co., 249 A.D. 708, 292 N.Y.S. 929, 1936 N.Y. App. Div. LEXIS 5546 (N.Y. Ct. App. 1936).

Pincite

Opinion

Order modified in accordance with the memorandum and as modified affirmed, with ten dollars costs and disbursements to appellant to abide the event. Motion to expunge brief denied. Memorandum: The undisputed affidavits of plaintiff present a situation such that we cannot sustain the discretionary order of the trial court in so far as the amount of costs imposed is concerned. We modify the order by reducing the costs imposed as the condition upon which the default is opened to ten dollars and fifty cents — ten dollars motion costs and fifty cents disbursement for entering judgment. Without in any way expressing approval of the form and content of appellant’s brief, we deny the motion to expunge in view of the decision on the appeal. All concur. (The order opens a default upon certain conditions.) Present — Sears, P. J., Taylor, Bdgcomb, Crosby and Lewis, JJ.

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

Order modified in accordance with the memorandum and as modified affirmed, with ten dollars costs and disbursements to appellant to abide the event. Motion to expunge brief denied. Memorandum: The undisputed affidavits of plaintiff present a situation such that we cannot sustain the discretionary order of the trial court in so far as the amount of costs imposed is concerned. We modify the order by reducing the costs imposed as the condition upon which the default is opened to ten dollars and fifty cents — ten dollars motion costs and fifty cents disbursement for entering judgment. Without in any way expressing approval of the form and content of appellant’s brief, we deny the motion to expunge in view of the decision on the appeal. All concur. (The order opens a default upon certain conditions.) Present — Sears, P. J., Taylor, Bdgcomb, Crosby and Lewis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

249 A.D. 708, 292 N.Y.S. 929, 1936 N.Y. App. Div. LEXIS 5546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vella-v-united-states-fidelity-guaranty-co-nyappdiv-1936.