A. Klipstein & Co. v. Marchmedt
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Special Term of the City Court of the city of New York, granting plaintiff’s motion for a re-argument of a motion made by the defendant, which motion had resulted in the vacation of the order of arrest, and setting aside the order vacating the order of arrest, reinstating the arrest and denying defendant’s motion to vacate.
1Opinion of the CourtFreedman, P. J.
The case presented by the moving papers is not one of mistake or misapprehension of fact, but of legal error, and the question ip whether the court below, on plaintiff’s application, could reconsider defendant’s motion to vacate the order of arrest which had resulted in the vacation of the order, and then set aside the order vacating the order of arrest, reinstate the order of arrest and deny defendant’s motion to vacate, and all this after the time for appealing from the first order had expired and for no other reason than that since the decision of the original motion a decision was…
2Cases cited6 opinions
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- In re the Appraisal, Under the Transfer Tax Acts of the Property of SillimanNew York Surrogate's Court · 1902
- Megary v. ShipleyCourt of Appeals of Maryland · 1890
- Reedy Elevator Co. v. American Grocery Co.Appellate Terms of the Supreme Court of New York · 1898
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3Cited by3 opinions
- William H. Van Vleck, Inc. v. KleinNew York Supreme Court · 1966
- Grossman v. StateNew York Court of Claims · 1960
- White v. StateNew York Court of Claims · 1947