Legal Opinion

In re Rzepecka

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 1954Published

1Opinion of the Court

. Appeal dismissed, without costs. Memorandum: We are of the opinion that the order denying a reargument is not appealable and therefore the appeal must be dismissed on that ground. (8 Carmody-Wait on New York Practice, § 34, p. 519; Di Martino v. Di Martino, 277 App. Div. 891; Bendon Holding Corp. v. Rodner, 242 App. Div. 233, 237; Weiss v. Weiss, 225 App. Div. 700; Gaston Koch & Co. v. Julette Improvement Co., 136 Misc. 55.) We have also examined the record of the appeal on the merits and are of the opinion that were the appeal so presented and considered we would affirm the order denying…

2Cases cited3 opinions

  1. Weiss v. WeissAppellate Division of the Supreme Court of the State of New York · 1928
  2. Bendan Holding Corp. v. RodnerAppellate Division of the Supreme Court of the State of New York · 1934
  3. Gaston Koch & Co. v. Julette Improvement Co.Appellate Terms of the Supreme Court of New York · 1929

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