From Casetext: Smarter Legal Research

Gunsberg v. Gunsberg

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1922
200 App. Div. 870 (N.Y. App. Div. 1922)

Summary

In Gunsberg v. Gunsberg (200 App. Div. 870), decided upon the authority of Boller v. Boller, the original record on appeal discloses that the corespondent sought leave to come in and defend against an allegation contained in a counterclaim set up in the defendant's answer charging him with committing adultery with the plaintiff.

Summary of this case from Tellegen v. Tellegen

Opinion

January, 1922.


Order affirmed, with ten dollars costs and disbursements. We think the conduct of the corespondent is such as to constitute a waiver of any rights given him by section 1757 of the Code of Civil Procedure, and, therefore, we follow the decision of the First Department in Boller v. Boller ( 111 App. Div. 240.) Blackmar, P.J., Rich, Kelly, Jaycox and Manning, JJ., concur.


Summaries of

Gunsberg v. Gunsberg

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1922
200 App. Div. 870 (N.Y. App. Div. 1922)

In Gunsberg v. Gunsberg (200 App. Div. 870), decided upon the authority of Boller v. Boller, the original record on appeal discloses that the corespondent sought leave to come in and defend against an allegation contained in a counterclaim set up in the defendant's answer charging him with committing adultery with the plaintiff.

Summary of this case from Tellegen v. Tellegen
Case details for

Gunsberg v. Gunsberg

Case Details

Full title:SOPHIE GUNSBERG, Plaintiff, v. NATHAN L. GUNSBERG, Respondent. HARRY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1922

Citations

200 App. Div. 870 (N.Y. App. Div. 1922)

Citing Cases

Tellegen v. Tellegen

In Stafford v. Stafford ( 170 App. Div. 172, two justices dissenting) it was held merely that a motion by the…