Edell v. Edell

The motion to dismiss the appeal on the ground that the order appealed from was made on appellant’s motion should be denied since it clearly appears from the order that the relief granted was not the relief sought by the appellant on her motion. (Bloch v. Bloch, 136 App. Div. 770, 774.) The order was the act of the court and it was not necessary or appropriate to recite that it was made on the motion of appellant’s attorney. This recital may be treated as surplusage. (Davis v. Fogarty, 134 App. Div. 500, 501; Norton & Siegel, Inc., v. Nolan, 276 N. Y. 392, 395, and cases cited.) Since the…