Seletsky v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Order reversed and motion granted, without costs.— Appeal from orders denying the plaintiff's motion for a preference and denying the plaintiff’s mo- . tion for a reargument of the motion for a preference.
1Opinion of the Court
Van Brunt, P. J.:
The difficulty which the appellant has labored under, both in the court below and in the presentation of liis ' appeal before this court, has been, that he . has not understood the nature of his second application to the court. He calls it an application for the reargument of the previous motion. This is certainly a misnomer, because a reargument is always had upon the papers upon which the motion was previously h.eavd. In the case at bar the so-called motion for reargument was made? upon new papers excusing .the apparent la'ches which 'was the ground of the original denial…
2Cited by3 opinions
- Conlen v. RizerAppellate Division of the Supreme Court of the State of New York · 1905
- Rand v. DiamondAppellate Division of the Supreme Court of the State of New York · 1948
- Klar v. City of New YorkNew York Supreme Court · 1937