Wasserman v. Maslon

Judgment and order unanimously reversed upon the law, with thirty dollars costs to appellants and plaintiff’s complaint dismissed, with appropriate costs in the court below.

No action may be maintained upon an undertaking given upon an appeal until ten days have expired since the service upon the attorney for the appellants and upon the sureties on the undertaking, of a written notice of the entry of a judgment or order affirming the judgment appealed from or dismissing the appeal. (Civ. Prac. Act, § 161.) Compliance with this section is a condition precedent and a complaint which does not set…