Milner v. Abrams

Appellate Division of the Supreme Court of New York

Milner v. Abrams

1 A.D.2d 769, 149 N.Y.S.2d 705, 1956 N.Y. App. Div. LEXIS 6530

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

DecidedJanuary 26, 1956

StatusPublished

This text of 1 A.D.2d 769 (Milner v. Abrams) 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

Milner v. Abrams, 1 A.D.2d 769, 149 N.Y.S.2d 705, 1956 N.Y. App. Div. LEXIS 6530 (N.Y. Ct. App. 1956).

Pincite

Opinion

Insofar as the notice purported to be an appeal from the order entered October 17, 1955, it was properly rejected by the petitioner-respondent. Although it is characterized as an appeal from a motion to reargue, the notice may be read as a notice of appeal from the order entered November 22, 1955, which, according to the papers now before the court, appears to have been a disposition of a motion to intervene and vacate, as distinguished from a motion for reargument. Treating the notice of appeal as an appeal from the order entered November 22, 1955, the motion is granted to the extent stated in the order entered herein. Concur — Breitel, J. P., Botein, Cox, Frank and Bergan, JJ.

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Insofar as the notice purported to be an appeal from the order entered October 17, 1955, it was properly rejected by the petitioner-respondent. Although it is characterized as an appeal from a motion to reargue, the notice may be read as a notice of appeal from the order entered November 22, 1955, which, according to the papers now before the court, appears to have been a disposition of a motion to intervene and vacate, as distinguished from a motion for reargument. Treating the notice of appeal as an appeal from the order entered November 22, 1955, the motion is granted to the extent stated in the order entered herein. Concur — Breitel, J. P., Botein, Cox, Frank and Bergan, JJ.

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Bluebook (online)

1 A.D.2d 769, 149 N.Y.S.2d 705, 1956 N.Y. App. Div. LEXIS 6530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milner-v-abrams-nyappdiv-1956.