Weitzer v. Weitzer

Appeal from order denying motion for modification of a final judgment of divorce so as to provide alimony for plaintiff dismissed, without costs. Subsequent to the making of that order, a motion for a reargument was made and granted, but the court adhered to its original determination. The appeal from the original order, therefore, was a nullity. (Schrank v. New York Hotel Statler Co., Inc., 254 App. Div. 710.) Whether or not the denial of the motion constituted an abuse of discretion in the absence of the determination of the facts as to the circumstances attending the making of the…