Wilde v. Caron Corp.

Appellate Division of the Supreme Court of New York

Wilde v. Caron Corp.

20 A.D.2d 931, 249 N.Y.S.2d 717, 1964 N.Y. App. Div. LEXIS 3958

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

DecidedApril 27, 1964

StatusPublished

Cited by1 cases

This text of 20 A.D.2d 931 (Wilde v. Caron 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

Wilde v. Caron Corp., 20 A.D.2d 931, 249 N.Y.S.2d 717, 1964 N.Y. App. Div. LEXIS 3958 (N.Y. Ct. App. 1964).

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Opinion

In an action to recover payments alleged to be due under an oral contract, and further alleged to be evidenced by written memoranda subscribed by defendant, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered July 24, 1963, upon an order dated July 11, 1963, which granted defendant’s motion to dismiss the second amended complaint on the merits pursuant to subdivision 7 of rule 107 of the former Rules of Civil Practice. By the notice of appeal, plaintiff also seeks “to bring up for review” said order of July 11, 1963 and a prior order, dated May 3, 1963, which granted defendant’s motion to dismiss the first amended complaint, [932]*932with leave to replead. Judgment, and order of July 11, 1963 affirmed, without costs. No opinion. Appeal from order of May 3, 1963, dismissed, with costs. Since plaintiff did not appeal directly from that order within the time prescribed, and since she availed herself of the leave to replead, that order is not reviewable on this appeal from the final judgment (Kriger v. Industrial Rehabilitation Corp., 8 A D 2d 29, affd. 7 N Y 2d 958; Cioffi v. City of New York, 14 A D 2d 741). Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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In an action to recover payments alleged to be due under an oral contract, and further alleged to be evidenced by written memoranda subscribed by defendant, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered July 24, 1963, upon an order dated July 11, 1963, which granted defendant’s motion to dismiss the second amended complaint on the merits pursuant to subdivision 7 of rule 107 of the former Rules of Civil Practice. By the notice of appeal, plaintiff also seeks “to bring up for review” said order of July 11, 1963 and a prior order, dated May 3, 1963, which granted defendant’s motion to dismiss the first amended complaint, [932]*932with leave to replead. Judgment, and order of July 11, 1963 affirmed, without costs. No opinion. Appeal from order of May 3, 1963, dismissed, with costs. Since plaintiff did not appeal directly from that order within the time prescribed, and since she availed herself of the leave to replead, that order is not reviewable on this appeal from the final judgment (Kriger v. Industrial Rehabilitation Corp., 8 A D 2d 29, affd. 7 N Y 2d 958; Cioffi v. City of New York, 14 A D 2d 741). Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

20 A.D.2d 931, 249 N.Y.S.2d 717, 1964 N.Y. App. Div. LEXIS 3958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilde-v-caron-corp-nyappdiv-1964.

Opinion

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