Osborn v. . Cardeza

At the time the appeals by the respective parties were taken to this court, no judgment had been entered upon the decision and order of the Appellate Division and, therefore, said appeals were without authority or right.

While it necessitates what certainly appears to be useless labor, we think it wiser to recall our remittitur and to dismiss plaintiff’s appeal, rather than to permit a judgment to be entered nunc pro tunc as of a date prior to that on which the appeal to this court was taken, even if the Supreme Court should feel willing to grant such application. We deem it best to avoid…