Legal Opinion

Siegelbaum v. Dowling

New York Court of Appeals

Decided October 28, 1938PublishedCited by 7 opinions

1Opinion of the Court

Crane, Ch. J.

In January of 1938 this court decided in Gibbs v. Home Ins. Co. (277 N. Y. 529) that it had no power to dispense with the undertaking on appeal required by section 593 of the Civil Practice Act in a case where the plaintiff desired to prosecute as a poor person. Thereafter chapter 31 of the Laws of 1938 amended section 558 of the Civil Practice Act by providing that “ A poor person appellant or respondent shall not be required to pay any fees, to furnish an undertaking to perfect an appeal or to print either the record or points on appeal but may submit the same in typewriting…

2Cases cited1 opinion

  1. Gibbs v. Home Ins., N.Y., Archibald TaylorNew York Court of Appeals · 1938

3Cited by7 opinions

  1. Rocco v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1954
  2. Fontheim v. Third Avenue Railway Co.New York Court of Appeals · 1939
  3. Keur v. Prominent Bulb Co.New York Court of Appeals · 1954
  4. Mnich v. American Radiator CompanyNew York Court of Appeals · 1945
  5. Cartelli v. Prudential Insurance Company of AmericaNew York Court of Appeals · 1938

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