Steele v. . Leopold
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1910, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover certain trust funds alleged to have been wrongfully diverted.
1Opinion of the Court
On plaintiff’s appeal the judgment of the Appellate Division is modified, so that instead of reducing the judgment in favor of the plaintiff a new trial is ordered, with costs to abide the event. If, however, within ten days plaintiff files in this court a stipulation waiving his appeal, then the judgment of the Appellate Division is affirmed, without costs in this court to either party; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Chase and Collin, JJ,
2Cited by12 opinions
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Delafield v. BarretNew York Court of Appeals · 1936
- In re the Estate of CadyAppellate Division of the Supreme Court of the State of New York · 1925
- Hart v. GoadbyNew York Supreme Court · 1911
- In re the Estate of FichterNew York Surrogate's Court · 1935
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