Conlon v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eva K. Conlon, 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 13th day of April, 1908, denying the plaintiff’s motion to resettle an order entered in said clerk’s office on the 3d day of March, 1908, by striking from the recitals in said order reference to two affidavits and two judgment rolls as being papers upon which the motion was decided.
1Opinion of the Court
Ingraham, J.:
Upon an affidavit of one of the plaintiff’s attorneys herein which alleged that this was a special proceeding commenced by the service on the plaintiff herein, Eva K. Conlon, of a petition and an order to show cause; that Eva K. Conlon interposed her answer to the petition, and the matter duly came on for argument at the Special Term; that on or about March 3,1908, a final order was duly made and entered, from which order the defendant therein has appealed ; that upon the argument of the motion, the court gave to the petitioner permission to file affidavits in reply to the answer…
2Cited by1 opinion
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