City of New York v. Montague
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alexander Smith Cochran and another, as surviving trustees, etc., and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of January, 1912, denying the said defendants’ motion to vacate an order entered in said clerk’s office on the 17th day of November, 1911, and to reinstate part of the amended answer of certain of the appellants, and also…
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Appeal by the defendants, Alexander Smith Cochran and another, as surviving trustees, etc., and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of January, 1912, denying the said defendants’ motion to vacate an order entered in said clerk’s office on the 17th day of November, 1911, and to reinstate part of the amended answer of certain of the appellants, and also denying a stay of proceedings.
1Per curiam
The application was, in form, both for a reargument and for a rehearing of the former application on additional papers, but was, in effect, a motion for leave to renew the motion on additional papers, and was, therefore, appealable. (Conlen v. Rizer, 109 App. Div. 537; Seletsky v. Third Ave. R. R. Co., 44 id. 632.) The additional papers do not materially change the record. The motion was, therefore, properly denied and the order should be affirmed; but since the record is substantially the same and the material questions are the same as those presented by the other record on the appeal of…
2Cases cited2 opinions
- Conlen v. RizerAppellate Division of the Supreme Court of the State of New York · 1905
- City of New York v. MontagueAppellate Division of the Supreme Court of the State of New York · 1912