Bentz v. Krasner

Appellate Division of the Supreme Court of New York

Bentz v. Krasner

15 A.D.2d 669, 223 N.Y.S.2d 1000, 1962 N.Y. App. Div. LEXIS 11915

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 1962

StatusPublished

This text of 15 A.D.2d 669 (Bentz v. Krasner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bentz v. Krasner, 15 A.D.2d 669, 223 N.Y.S.2d 1000, 1962 N.Y. App. Div. LEXIS 11915 (N.Y. Ct. App. 1962).

Pincite

Opinion

While the order of July 27, 1961, denied a motion which was nominally characterized by defendants as one for reargument, actually such motion was a new motion, since it was based on additional facts which were set forth in additional affidavits. Hence, said order is reviewable by appeal therefrom, and said order supersedes the original order. Accordingly, the appeal from the original order, entered June 21, 1961, is dismissed, without costs. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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While the order of July 27, 1961, denied a motion which was nominally characterized by defendants as one for reargument, actually such motion was a new motion, since it was based on additional facts which were set forth in additional affidavits. Hence, said order is reviewable by appeal therefrom, and said order supersedes the original order. Accordingly, the appeal from the original order, entered June 21, 1961, is dismissed, without costs. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

15 A.D.2d 669, 223 N.Y.S.2d 1000, 1962 N.Y. App. Div. LEXIS 11915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bentz-v-krasner-nyappdiv-1962.