M. C. French & Son v. Stanley Trusevitz

— Order unanimously reversed, with costs, and case remitted to Steuben County Court for further proceedings in accordance' with Memorandum. Memorandum: In January, 1964, plaintiff obtained a money judgment against defendant in a Justice Court of the Town of Bath. Defendant appealed to Steuben County Court and demanded a new trial in that court. (Cf. Justice Ct. Act, § 442.) An undertaking to stay execution executed by individual third parties was filed but .the required affidavit of justification (CPLR 2502) was not attached thereto. Furthermore, the undertaking was not approved by the…