Appellate Division of the Supreme Court of New York, 1922

Brandorff v. Rodgers & Hagerty, Inc.

Brandorff v. Rodgers & Hagerty, Inc.
Appellate Division of the Supreme Court of New York · Decided April 15, 1922
201 A.D. 885
Brandorff v. Rodgers & Hagerty, Inc.

Opinion of the Court

Motion for a stay denied as unnecessary. The judgment sought to be appealed from is a final determination and, being one of modification, is appealable as of right to the Court of Appeals. (Civil Practice Act, ยง 588, subd. 1.) The motion for leave to appeal heretofore made was, therefore, unnecessary and was properly denied; and stay of execution may be had, without motion, upon compliance with section 573 of the Civil Practice Act. Present โ€” Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ.

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