Brown v. Brown

Appellate Division of the Supreme Court of New York

Brown v. Brown

32 A.D.2d 625, 1969 N.Y. App. Div. LEXIS 4044

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

DecidedMay 8, 1969

StatusPublished

This text of 32 A.D.2d 625 (Brown v. Brown) 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

Brown v. Brown, 32 A.D.2d 625, 1969 N.Y. App. Div. LEXIS 4044 (N.Y. Ct. App. 1969).

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Opinion

Motion denied. Defendant has sought and been granted the same relief in the Supreme Court, Special Term, as is sought by this motion. An appeal from the order of the Supreme Court has been taken, and defendant by this motion cannot be allowed to circumvent such appeal. He should be bound by his election to proceed in the Supreme Court (cf. Drescher Rotberg Co. v. Landeker, 82 Misc. 441). Concur — McGivern, J. P., Markewich, Nunez, McNally and Steuer, JJ.

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Motion denied. Defendant has sought and been granted the same relief in the Supreme Court, Special Term, as is sought by this motion. An appeal from the order of the Supreme Court has been taken, and defendant by this motion cannot be allowed to circumvent such appeal. He should be bound by his election to proceed in the Supreme Court (cf. Drescher Rotberg Co. v. Landeker, 82 Misc. 441). Concur — McGivern, J. P., Markewich, Nunez, McNally and Steuer, JJ.

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Bluebook (online)

32 A.D.2d 625, 1969 N.Y. App. Div. LEXIS 4044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-brown-nyappdiv-1969.

Opinion

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