Appellate Terms of the Supreme Court of New York, 1959

Dondiego v. Cognetta

Appellate Terms of the Supreme Court of New York · Decided December 18, 1959

21 Misc. 2d 254; 199 N.Y.S.2d 738; 1959 N.Y. Misc. LEXIS 2351

Counsel

Vito A. Dondiego, appellant in person, and Rubin Huffman for appellant., No one appearing for respondents.

Opinion of the Court

Per Curiam.

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $30 costs to plaintiff to abide the event. The judgment was against the weight of the credible evidence.

Appeal from the order should be dismissed. By proceeding to trial after denial of his motion for summary judgment, the plaintiff waived any right to summary judgment. (Corr v. Boggiano, 244 App. Div. 724.)

Concur — Pette, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.