Ruland v. Tuthill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Preston B. Ruland, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Suffolk on the 19th day of February, 1919, granting defendants’ motion to resettle a prior order.
1Opinion of the Court
Jenks, P. J.:
The defendants obtained an order that inter alia extended their time to answer for twenty days. Thereafter the defendants, upon a motion for resettlement, obtained an order of resettlement that extended their time for twenty days to answer, demur or otherwise move in respect to the complaint herein. The plaintiff appeals. The order cannot stand because it was not shown to the court that the direction of the court upon the original motion was that the defendants’ time should be extended to demur or otherwise plead. Indeed, the affidavit of defendants’ counsel rests upon…
2Cases cited2 opinions
- Skeele Coal Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1915
- Wingrove v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by13 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- In re the Estate of ChisholmNew York Surrogate's Court · 1941
- In re the Estate of BartlettNew York Surrogate's Court · 1937
- H. C. Roberts Electric Supply Co. v. WilsonNew York Supreme Court · 1927
- Gittlitz v. LewisNew York Supreme Court · 1961
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