Tomasello Bros. v. Friedman
| Decision Date | 12 May 1969 |
| Parties | TOMASELLO BROS., INC., Appellant, v. Jacob W. FRIEDMAN et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Teicher, Gold & Rosenberg, New York City, for plaintiff-appellant; Milton S. Teicher, New York City, of counsel.
Fields, Zimmerman & Segall, Jamaica, for defendants-respondents; Frank S. Polestino, Jamaica, of counsel.
Order of the Supreme Court, Nassau County, dated July 16, 1968, which resettled a prior order dated May 28, 1968, affirmed. No opinion. 57 Misc.2d 817, 293 N.Y.S.2d 688. Appeal from order of said court dated May 28, 1968 dismissed as academic. That order was superseded by the order of resettlement, dated July 16, 1968. One bill of $10 costs and disbursements is allowed to respondents to cover both appeals.
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10 cases
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Barrett v. United States
...403, 467 N.Y.S.2d 231 (2nd Dept.1983); Tomasello Bros., Inc. v. Friedman, 57 Misc.2d 817, 293 N.Y.S.2d 688 (1968), aff'd 32 A.D.2d 652, 301 N.Y.S.2d 436 (2nd Dept.1969). See also Barrett v. State, 85 Misc.2d 456, 462, 378 N.Y.S.2d 946, 952 4 For example, in a state law action to recover for......
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Michigan Associates v. Emigrant Sav. Bank
...Jacobowitz v. Metselaar, 268 N.Y. 130, 197 N.E. 169; Tomasello Bros. Inc. v. Friedman, 57 Misc.2d 817, 293 N.Y.S.2d 688, aff'd 32 A.D.2d 652, 301 N.Y.S.2d 436; Kology v. Maplewood Homes, Inc., 36 A.D.2d 538, 318 N.Y.S.2d 566; see also Parker v. Rogerson, 33 A.D.2d 284, 291, 307 N.Y.S.2d 986......
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Kology v. Maplewood Homes, Inc.
...of a judgment may not be impeached in another lawsuit (Tomasello Bros. v. Friedman, 57 Misc.2d 817, 293 N.Y.S.2d 688, affd. 32 A.D.2d 652, 301 N.Y.S.2d 436). In Herpe v. Herpe, 225 N.Y. 323, 327, 122 N.E. 204, 205, it was 'The rule has long been settled and inflexibly applied that the trial......
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Levine v. Berlin
...procedure; a plenary action for such relief will not lie (Tomasello Bros. v. Friedman, 57 Misc.2d 817, 293 N.Y.S.2d 688, affd. 32 A.D.2d 652, 301 N.Y.S.2d 436). We have, however, reviewed the allegations of the complaint in this respect and hold that such a motion, had it been made, would h......
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