Legal Opinion

Aiello v. Baldasare

Appellate Terms of the Supreme Court of New York

Decided January 23, 1959PublishedCited by 2 opinions

1Per curiam

The appeal from judgment should be dismissed. The judgment was entered by default, and no appeal lies from a default judgment. (Grushaw v. Grushaw, 281 App. Div. 1031.) Appeal from the original order dismissed. This order was rendered a nullity by the order granting the defendant’s motion for reargument. (Kamen v. Kamen, 284 App. Div. 1047.) Order granting the defendant’s motion for reargument unanimously modified by striking therefrom the condition that the defendant-appellant post a bond or other cash security to secure the payment of the judgment and, as so modified, order affirmed, with…

2Cases cited3 opinions

  1. Kamen v. KamenAppellate Division of the Supreme Court of the State of New York · 1954
  2. Gustavus J. Esselen, Inc. v. VisorAppellate Terms of the Supreme Court of New York · 1943
  3. Grushaw v. GrushawAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by2 opinions

  1. Ettlinger v. Lepow Securities Corp.Appellate Terms of the Supreme Court of New York · 1959
  2. Parkway Co. v. WashingtonCivil Court of the City of New York · 1979

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