Wieselthier v. Lafayette Insurance

New York Court of Appeals

Wieselthier v. Lafayette Insurance

192 N.E. 416, 265 N.Y. 291, 1934 N.Y. LEXIS 1031

New York Court of Appeals·Decided October 9, 1934·Published

Opinion

Per Curiam.

The court has no power to dispense with an undertaking where a constitutional question is involved. (Civ. Pr. Act, § 593.) The application should be made to the Appellate Division or to a judge of this *292 court. The application having been submitted to Chief Judge Pound, he denies the application on the ground that no constitutional question is involved.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files an undertaking and pays ten dollars costs within ten days, in which event the motion is denied.

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Per Curiam.

The court has no power to dispense with an undertaking where a constitutional question is involved. (Civ. Pr. Act, § 593.) The application should be made to the Appellate Division or to a judge of this *292 court. The application having been submitted to Chief Judge Pound, he denies the application on the ground that no constitutional question is involved.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files an undertaking and pays ten dollars costs within ten days, in which event the motion is denied.

Wieselthier v. Lafayette Insurance, 192 N.E. 416, 265 N.Y. 291, 1934 N.Y. LEXIS 1031 (N.Y. 1934).

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192 N.E. 416 (Wieselthier v. Lafayette Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.