New York Court of Appeals, 1942

Gibbons v. Schwartz

Gibbons v. Schwartz
New York Court of Appeals · Decided April 30, 1942
42 N.E.2d 611; 288 N.Y. 612; 1942 N.Y. LEXIS 1457 (North Eastern Reporter, Second Series)

Gibbons v. Schwartz

Opinion of the Court

On plaintiff’s appeal: Appeal dismissed, with costs, on the ground that section 588, subdivision 2, of the Civil Practice Act does not authorize an appeal to this court by a party in whose favor the Appellate Division has reversed a judgment and ordered a new trial.

On defendant’s appeal: Order affirmed and judgment absolute ordered against the defendant-appellant upon the second cause of action in accordance with the stipulation, with costs in all courts, unless the defendant-appellant within ten days withdraws her appeal and stipulates to waive costs upon the plaintiff’s appeal. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.

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