Lezynski v. Kasprzyk (306 N.Y. 563, 1953)

Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellant serves and files the undertaking required by section 593 of the Civil Practice Act and pays $10 costs within ten days after service of a copy of the order, in which events the motion is denied. (See Campbell v. Brown, 294 N. Y. 702; Cohen and Karger, Powers of the New York Court of Appeals, § 104, n. 74.)