Appellate Division of the Supreme Court of New York, 1941

Probst v. Probst

Probst v. Probst
Appellate Division of the Supreme Court of New York · Decided June 2, 1941
262 A.D. 849; 29 N.Y.S.2d 148
Probst v. Probst

Opinion of the Court

—Appeal No. 1. Motion for leave to appeal to the Court of Appeals from the order of this court, entered April 3, 1941, modifying an order *850of the Supreme Court, entered April 30, 1940, which denied defendant’s motion to vacate an ex parte order of sequestration and modified such order, granted. The following question is certified: Upon this record was the order appealed from properly made? Appeal No. 2. Motion for leave to appeal to the Court of Appeals from the order of this court, entered April 3, 1941, modifying an order of the Supreme Court, entered May 28, 1940, which directed the entry of judgment against the defendant, pursuant to section 1171-b, Civil Practice Act, withdrawn by the moving party. Present —■ Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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