Maloy v. Bannon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Thomas H. Maloy and another, from an order of the County Court of Warren county, entered in the office of the clerk of said county on the 17th day of July, 1915, denying plaintiffs’ motion to dismiss the appeal herein from the City Court of Glens Falls to the County Court of Warren county, or in the alternative to place the appeal upon the law calendar of the County Court.
1Opinion of the Court
Smith, P. J.:
Two questions are raised upon this appeal. The undertaking given to perfect the appeal was not served upon the respondent’s attorney at the time of the service of the notice of appeal. *717It is claimed, therefore, the appeal has not been perfected. It seems to be provided by section 3068 of the Code of Civil Procedure that an appeal may be taken for a new trial where the value of the property claimed, either in the complaint or in a counterclaim, exceeds fifty dollars. By section 3069 of the Code it is provided that “ to render such an appeal effectual the appellant must at the time…
2Cases cited1 opinion
- Smith v. Rensselaerville Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1909