Gaston Koch & Co. v. Julette Improvement Co.

Order unanimously reversed upon the law, with ten dollars costs and taxable disbursements, and motion remitted to the court below for consideration and disposition upon the merits. Plaintiff in due time moved to reargue its motion to set aside the verdict and for a new trial, which had previously been denied. The court, holding that it had no power to consider that motion, denied it.

Where a motion for a reargument is determined upon its merits, of course no appeal lies from the order entered thereon. (Weiss v. Weiss, 225 App. Div. 700.) But where such a motion is denied because of the…