Shemin v. City of New York

Full title: WILLIAM SHEMIN, Appellant, v. CITY OF NEW YORK, Defendant, and NICHOLAS DI…

Court: Court of Appeals of the State of New York

Date published: Feb 25, 1960

166 N.E.2d 201 (N.Y. 1960)

166 N.E.2d 201

198 N.Y.S.2d 627

Opinion

Argued January 18, 1960

Decided February 25, 1960

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL J. JOSEPH, J.

Herbert L. Brickman, Sheldon Lowe and Joel B. Zweibel for appellant.

Paul Englander for respondent.

Appeal as to the second cause of action dismissed. Although the only appealable paper is the judgment of the Appellate Division, the appeal was taken from that court's order; the judgment was not entered until after service of the notice of appeal from the order and no further notice was thereafter filed.

As to the first and third causes of action, application to withdraw stipulation for judgment absolute granted and appeal dismissed.