Ryan v. Gedney, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion 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.
2Cases cited1 opinion
- Weitzer v. WeitzerAppellate Division of the Supreme Court of the State of New York · 1938
3Cited by1 opinion
- In re Fire Ass'nAppellate Terms of the Supreme Court of New York · 1943