Connolly v. Burns

The respondent moves for reargument of a motion by petitioner for a final order under article 78 of the Civil Practice Act or, in the alternative, for a resettled order upon such application. The petitioner seeks an order holding the respondent in contempt for failure to issue a deed in compliance with an order heretofore made herein.

At the outset, it should be noted that the phrase “ summary ' judgment ” has been improperly used by counsel. This is a proceeding under article 78 to which the provisions of rule 113 of the Buies of Civil Practice are not applicable. However, substantially the…