S. W. S. Associates, Inc. v. Krauss

Motion to dismiss appeal from an order denying a motion to dismiss the complaint, on the ground that appellants have waived and abandoned the appeal by the simultaneous service of the notice of appeal and the answer. Motion denied, without costs. (Weeks v. Weeks, 266 App. Div. 942.) Present — Beldoek, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ.