201 N.Y. 518
94 N.E 1099
Decided February 7, 1911
New York Court of Appeals · decided 1911-02-07
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1910, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover certain trust funds alleged to have been wrongfully diverted.
Good law ✅— No negative treatment on recordhow we know
Decided 1911-02-07
Cited by 11 later decisions — most recently August 1956
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 On plaintiff’s appeal the judgment of the Appellate Division is modified, so that instead of reducing the judgment in favor of the plaintiff a new trial is ordered, with costs to abide the event. If, however, within ten days plaintiff files in this court a stipulation waiving his appeal, then the judgment of the Appellate Division is affirmed, without costs in this court to either party; no opinion.
¶2 Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Chase and Collin, JJ,