Gibbons v. Schwartz
New York Court of Appeals
Gibbons v. Schwartz, 42 N.E.2d 611 (N.Y. 1942)
288 N.Y. 612; 1942 N.Y. LEXIS 1457
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.
Reference
- Full Case Name
- Theodore M. Gibbons, Jr., as Ancillary Committee of the Property of Charles L. Schwartz, an Incompetent Person, Appellant and Respondent, v. Margaret F. Schwartz, Respondent and Appellant
- Cited By
- 2 cases
- Status
- Published