Appellate Division of the Supreme Court of New York, 1936

Mahon v. Remington

Mahon v. Remington
Appellate Division of the Supreme Court of New York · Decided October 7, 1936
248 A.D. 941; 291 N.Y.S. 184; 1936 N.Y. App. Div. LEXIS 8138
Mahon v. Remington

Opinion of the Court

Appeal dismissed, without costs, on the ground that, as stated in open court, without contradiction, the plaintiffs have complied with the terms imposed upon the granting of the order and the defendants have acquiesced therein by accepting the payment, thereby waiving their right to continue the appeal. All concur. (The order denies a motion to vacate an ex *942;parte order discontinuing the action. The action is brought to recover for the principal and interest due upon a bond secured by a mortgage.) Present—JSears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.

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