Appellate Division of the Supreme Court of New York, 1920

In re the Estate of Underhill

In re the Estate of Underhill
Appellate Division of the Supreme Court of New York · Decided October 15, 1920
193 A.D. 957
In re the Estate of Underhill

Opinion of the Court

Appeal dismissed, with ten dollars costs and disbursements. An appeal from an order denying a motion for reargument cannot" be entertained by this court. The court which hears the original motion can alone judge whether it has failed to consider any of the points raised upon a motion, and its determination upon such a point must be final. (Matter of Grout, 83 Hun, 25; Harding v. Conlon, 146 App. Div. .842; Peterson v. Felt, 61 id. 176; Tucker v. Dudley, 104 id. 191.) Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.

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