Brown v. Gladstone
New York County Courts
1Opinion of the CourtBarnes, J.
This action was tried in Justice’s Court resulting in a verdict for the defendants. It involves a sum greater than $100. The plaintiff served the notice of appeal asking for a new trial, but neglected to file a bond or undertaking. Nothing was done with the appeal, and after a lapse of over a year the defendant attempted to perfect his appeal by filing the bond. Acceptance of the bond was refused on account of the lapse of time, and this motion is made for an order permitting the plaintiff to perfect the appeal for a new trial by filing a bond.
As the matter now stands, the appeal is good as…
2Cases cited1 opinion
- Harrison Bros. v. Excelsior Bag & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917