From Casetext: Smarter Legal Research

Wexler v. South Brooklyn Savings Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1969
33 A.D.2d 575 (N.Y. App. Div. 1969)

Opinion

October 20, 1969


In an action for a declaratory judgment with respect to moneys deposited in certain bank accounts, and for other relief, plaintiff appeals from a judgment of the Supreme Court, Kings County, dated October 25, 1968 and made after a nonjury trial. Appeal dismissed, with costs to respondents Hofferman and Block, unless appellant files and serves a proper appendix within 30 days after entry of the order hereon. The appendix submitted on this appeal is patently insufficient for the purpose of passing on the contention raised in appellant's brief. The trial produced over 200 pages of transcript of which the appendix contains three pages of testimony ( Lo Gerfo v. Lo Gerfo, 30 A.D.2d 156; Nelsen v. Rampone, 31 A.D.2d 933; see E.P. Reynolds, Inc. v. Nager Elec. Co., 17 N.Y.2d 51; Melville v. Melville, 29 A.D.2d 679; Pollack v. Pollack, 25 A.D.2d 756; CPLR 5528). Rabin, Acting P.J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.


Summaries of

Wexler v. South Brooklyn Savings Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1969
33 A.D.2d 575 (N.Y. App. Div. 1969)
Case details for

Wexler v. South Brooklyn Savings Bank

Case Details

Full title:ISIDORE WEXLER, Appellant, v. SOUTH BROOKLYN SAVINGS BANK et al.…

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

Date published: Oct 20, 1969

Citations

33 A.D.2d 575 (N.Y. App. Div. 1969)

Citing Cases

Lichtenstein v. Lichtenstein

In the circumstances, it is improper to affirm in whole or in part the order of Special Term; "the court may…

Feigelson v. Allstate Insurance Company

As was said in E.P. Reynolds, Inc. v. Nager Elec. Co., ( 17 N.Y.2d 51, 54), this court "is not required to…