Appellate Division of the Supreme Court of New York, 1941

Ryan v. Gedney, Inc.

Ryan v. Gedney, Inc.
Appellate Division of the Supreme Court of New York · Decided December 22, 1941
263 A.D. 843; 31 N.Y.S.2d 744; 1941 N.Y. App. Div. LEXIS 5232
Ryan v. Gedney, Inc.

Opinion of the Court

Motion to dismiss appeal granted, without costs, and appeal dismissed, without costs. Plaintiffs waived the right to appeal from the original order by applying for and obtain*844ing an order granting reargument, even though the court adhered to its original determination. Upon entry of the order granting reargument, the appeal from the original order became a nullity. (Weitzer v. Weitzer, 255 App. Div. 795; Schrank v. New York Hotel Statler Co., Inc., 254 id. 710.) Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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