Wesson v. Dullzell
15 A.D.2d 744, 223 N.Y.S.2d 876, 1962 N.Y. App. Div. LEXIS 11663
Appellate Division of the Supreme Court of the State of New York·Decided February 6, 1962·Published·Cited by 1 cases
Opinion
It appears without contradiction that the motion was denied on condition that plaintiff pay costs to date and that these costs were accepted and retained by defendants’ attorneys. Under these circumstances the right to appeal is waived and the appeal must be dismissed (James v. Ouimet, 283 App. Div. 819, and authorities cited therein). Motion to dismiss appeal dismissed, having become academic by virtue of the decision of this court decided herein. Concur — McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.
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Wesson v. Dullzell, 15 A.D.2d 744, 223 N.Y.S.2d 876, 1962 N.Y. App. Div. LEXIS 11663 (N.Y. Ct. App. 1962).
15 A.D.2d 744 (Wesson v. Dullzell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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