Lewin v. Towbin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Julius Lewin and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day of February, 1900, vacating an execution theretofore issued against the defendant.
1Opinion of the Court
Ingraham, J.:
■ This action was commenced in the Municipal Court of the' city of Mew York and a judgment was obtained by the plaintiffs against the defendant on. December 30, 1899. Thereafter the defendant appealed to the Supreme Court and filed with the clerk of The ■ Municipal Court an undertaking, a copy of which is not annexed to the record, but it is alleged to have been “ regular upon its face.”' It appears that no copy of this undertaking was served upon the plaintiff’s attorney, but was served upon the sheriff of the county of Mew York.. The plaintiff’s attorney, having received notice…
2Cited by2 opinions
- Camp v. Marshall, New York County Courts1957
- Finkelstein v. PunieAppellate Division of the Supreme Court of the State of New York · 1914