Oldham v. McRoberts

• Citation: 252 N.Y.S.2d 334,14 N.Y.2d 941
• Parties: , 200 N.E.2d 872 Frank B. OLDHAM et al., Eunice D. Frank, as Administratrix of the Estate of Gordon Frank, and Great Eastern Gas Corp., Appellants, v. H. Theodore McROBERTS and Joseph E. Phelps, Respondents.
• Decision Date: 10 July 1964
• Court: New York Court of Appeals Court of Appeals

Page 334

252 N.Y.S.2d 334

14 N.Y.2d 941, 200 N.E.2d 872

Frank B. OLDHAM et al., Eunice D. Frank, as Administratrix of the Estate of Gordon Frank, and Great Eastern Gas Corp., Appellants, v. H. Theodore McROBERTS and Joseph E. Phelps, Respondents.

Court of Appeals of New York.

July 10, 1964.

Appeal from Supreme Court, Appellate Division, Fourth Department, 21 A.D.2d 231, 249 N.Y.S.2d 780.

Action was brought to recover damages for loss of overriding royalty allegedly caused by conspiracy whereby allegedly perjured testimony and false documents were adduced in action in foreign state.

The Supreme Court, Trial Term, Erie County, Michael Catalano, J., 237 N.Y.S.2d 937, entered judgment dismissing the complaint of the individual plaintiffs as to both defendants and awarding recovery to the corporate plaintiff as against both defendants, and appeals were taken.

The Appellate Division, Del Vecchio, J., 21 A.D.2d 231, 249 N.Y.S.2d 780, modified the judgment to dismiss the complaint of the corporate plaintiff as to one of the defendants.

The plaintiffs appealed to the Court of Appeals, and one of the defendants made a motion to dismiss the appeal insofar as it was taken by the individual plaintiffs because that portion of the judgment which dismissed their complaint was unanimously affirmed by the Appellate Division.

Motion denied.