Seidman v. Finkelstein
Appellate Terms of the Supreme Court of New York
Appeal by the defendant Finkelstein from a judgment of the City Court of the city of Hew York in favor of the plaintiff and against said defendant, and from an order denying a motion for a new trial.
1Opinion of the Court
Seabtjry,. J.
This is a common-law action upon an undertaking given on appeal. The respondent recovered a judgment by default against one Adelman, and the undertaking upon which this action is brought was given when Adelman appealed from the judgment and from an order denying his motion to open his default. This order was affirmed on appeal, and the appeal from the judgment was dismissed. The undertaking was signed by Adelman, and by the appellant and one Punie as joint and several sureties. The present action was brought against both the appellant and Punie. The complaint was dismissed as…
2Cases cited12 opinions
- Morgan v. . SmithNew York Court of Appeals · 1877
- Stevens v. CooperNew York Court of Chancery · 1815
- Manning v. . GouldNew York Court of Appeals · 1882
- Kelsey v. CampbellNew York Supreme Court · 1862
- Tobias v. . RogersNew York Court of Appeals · 1855
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3Cited by1 opinion
- Finkelstein v. PunieAppellate Division of the Supreme Court of the State of New York · 1914