Godesky v. Cuff — 142 N.Y.S. 1119

Majority

p. 1119

GODESKY Appellant, v. CUFF et al., Respondents.

(~upreme Court, Appellate Division, Second Department.

June 27, 1913.)

Headnote

Action by Frank Godesky against Elizabeth A. Cuff and others.

Order modified, by striking out the conditions therein imposed as to acceptance of a notice of appeal from defendants, and the furnishing of a copy of the minutes of the trial, and by further extending the time to serve a proposed case on appeal 20 days from the date of the entry of the order on this decision, and, as so modified, affirmed, with $10 costs and disbursements to the appellant. Motion to dismiss appeal from order denied, without costs. Motion to dismiss appeal from judgment denied, without costs.

STAPLETON, J., not voting.