Cohen v. Cohen

On June 4,1956 this court modified a judgment of separation in favor of the respondent and at the same time dismissed an appeal from an intermediate order which vacated a stipulation settling and discontinuing the action and restored the ease to the calendar for trial. The ground of the dismissal of the appeal was that appellant had waived his right to appeal (Cohen v. Cohen, 2 A D 2d 680). The Court of Appeals reversed the judgment and remitted the case to this court for a determination of the appeal from the order, holding that the right to appeal had not been waived (Cohen v. Cohen, 3 N Y…