Hyperlawhypertext legal databasebeta Vieser v. Bellows 239 N.Y. 622

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Vieser v. Bellows

239 N.Y. 622 Court N.Y. Decision date 1925-01-27 English

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p. 622
Joseph L. Vieser, Appellant, v. David S. Bellows, Respondent.

Headnote

Appeal — appeal to Appellate Division from determination of Appellate Term reversing judgment and granting new trial — stipulation for judgment absolute — on affirmance by Appellate Division appellant precluded from applying-for leave to appeal to Court of Appeals.
Vieser v. Bellows, 209 App. Div. 540 , appeal dismissed.
(Submitted January 19, 1925;.
decided January 27, 1925.)
Motion to dismiss an appeal, by permission, from a judgment, entered June 23, 1924, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed a determination of the Appellate Term reversing a judgment of the City Court of New York in favor of plaintiff entered upon a verdict directed by the court and granting a new trial.
The motion was made upon the ground that upon appealing to the Appellate Division from the deter
p. 623
mination of the Appellate Term, plaintiff stipulated for judgment absolute in the event of affirmance and thereby waived his privilege to apply for leave to appeal to this court.
Jacob H. Corn for motion.
Max Silverstein opposed.

Motion, granted and appeal dismissed, with costs and ten dollars costs of motion, on authority of Gordon v. Hartman ( 79 N. Y. 221 ).

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