Averell v. Barber
New York Supreme Court
Appeal from special term. Action by William W. Averell against Amzi L. Barber and others. From-an order denying a motion for reargument and resettlement of a previous order entered in the action, defendants appeal.
1Opinion of the CourtBarrett, J.
I am unable to concur with the presiding justice in the conelusion arrived at upon this appeal. The motion for a reargument was properly made at the regular special term for the hearing of non-enumerated motions. There was no other term for which it could properly be noticed. The fact that the learned justice who decided the original motion did not Hiappen to preside when the motion for a reargument was brought on did not justify either a denial or a dismissal of the application. I entirely agree that the application should not have been entertained by the learned justice who then did…
2Cited by2 opinions
- In re CraneNew York Supreme Court · 1894
- Stromberg v. Di SalvoAppellate Terms of the Supreme Court of New York · 1902