Brown v. Brown

Motion denied. Defendant has sought and been granted the same relief in the Supreme Court, Special Term, as is sought by this motion. An appeal from the order of the Supreme Court has been taken, and defendant by this motion cannot be allowed to circumvent such appeal. He should be bound by his election to proceed in the Supreme Court (cf. Drescher Rotberg Co. v. Landeker, 82 Misc. 441). Concur — McGivern, J. P., Markewich, Nunez, McNally and Steuer, JJ.