Gamble v. Lennon
Appellate Division of the Supreme Court of the State of New York
Motion by the respondent to dismiss an appeal pending in the Appellate Division of the Supreme Court of the first department.
1Opinion of the Court
Per Curiam:.
The defendant was in default for failure to file the printed cases at the July term, and a motion to dismiss the appeal heard at that term was denied upon condition that the printed cases be filed and served by the thirty-first day of August. This was done as a matter ' of. favor to the appellant, although he was then in default, and strictly the plaintiff was entitled' to have the appeal dismissed. At that time it appeared that the appellant, although.in default, had made no effort to procure an extension of his time to file and serve the printed cases, which he might easily have…
2Cited by5 opinions
- Vandenbergh v. MathewsAppellate Division of the Supreme Court of the State of New York · 1900
- Muldoon v. DayAppellate Division of the Supreme Court of the State of New York · 1911
- Wetter v. ErichsAppellate Division of the Supreme Court of the State of New York · 1897
- Hettrick v. BrowerAppellate Division of the Supreme Court of the State of New York · 1897
- Lightner v. Hartmann-Blanchard Co.Appellate Terms of the Supreme Court of New York · 1918