Legal Opinion

Gagliostro v. Caprorale

Appellate Terms of the Supreme Court of New York

Decided March 24, 1899Published

Appeal from municipal court, borough of Manhattan, Second district. Action by Antonio Gagliostro against Rosina Caprorale. From a judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtFreedman, P. J.

The amount claimed by the plaintiff herein was the sum of $50, for accrued rent. Upon the return day of the summons the parties appeared in person and by their respective attorneys. The defendant stated that he called upon the plaintiff, and offered to pay him the $50 claimed by him; that the plaintiff refused to accept the money, and told the defendant to see his attorney; that he (defendant) called upon the plaintiff’s attorney, and offered him the money; that the said attorney wanted $7 costs; and that at this time he (the defendant) had not been served with a summons in the case. These…

2Cases cited2 opinions

  1. Ellenstein v. KleeNew York Court of Common Pleas · 1895
  2. Braumann v. VanderpoelAppellate Terms of the Supreme Court of New York · 1899

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