Appellate Terms of the Supreme Court of New York, 1930

Harwitz v. Cohen

Harwitz v. Cohen
Appellate Terms of the Supreme Court of New York · Decided November 10, 1930
138 Misc. 300; 245 N.Y.S. 350; 1930 N.Y. Misc. LEXIS 1602

Counsel

Abraham Eisenstat, for the appellant., George S. Fishman, for the respondents.

Harwitz v. Cohen

Opinion of the Court

Per Curiam.

The failure upon the termination of the trial to follow established procedure as to the form of judgment to be entered does not warrant an order made more than two months after the entry of the amended judgment herein vacating the judgment and amended judgment, it appearing that the real object in moving for the order was merely to procure an adjudication for costs. (Rosebrock Butter & Egg Co., Inc., v. Jorisch, 157 N. Y. Supp. 234.)

Judgments and order reversed, with ten dollars costs, and motion denied, with ten dollars costs.

All concur; present, Lydon, Levy and Callahan, JJ. '

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