Sellet v. City of Yonkers

Appellate Division of the Supreme Court of New York

Sellet v. City of Yonkers

13 A.D.2d 976, 216 N.Y.S.2d 416, 1961 N.Y. App. Div. LEXIS 10302

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

DecidedJune 12, 1961

StatusPublished

This text of 13 A.D.2d 976 (Sellet v. City of Yonkers) 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

Sellet v. City of Yonkers, 13 A.D.2d 976, 216 N.Y.S.2d 416, 1961 N.Y. App. Div. LEXIS 10302 (N.Y. Ct. App. 1961).

Pincite

Opinion

Motion by plaintiffs to dismiss appeal of the defendant City of Yonkers, granted; appeal dismissed, without costs. The appeal is from an order of the Supreme Court, Westchester County, made February 7, 1961, denying a motion by said defendant for a rehearing or for reconsideration of plaintiffs’ prior motion for a preference in trial which had been granted by an order of said court made on November 21, 1960. Since no new facts were actually presented on the second motion it was in fact one for reargument of the prior motion. An order denying a motion for reargument is not appealable (Polito v. Town of Babylon, 5 A D 2d 877). Beldock, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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Motion by plaintiffs to dismiss appeal of the defendant City of Yonkers, granted; appeal dismissed, without costs. The appeal is from an order of the Supreme Court, Westchester County, made February 7, 1961, denying a motion by said defendant for a rehearing or for reconsideration of plaintiffs’ prior motion for a preference in trial which had been granted by an order of said court made on November 21, 1960. Since no new facts were actually presented on the second motion it was in fact one for reargument of the prior motion. An order denying a motion for reargument is not appealable (Polito v. Town of Babylon, 5 A D 2d 877). Beldock, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 976, 216 N.Y.S.2d 416, 1961 N.Y. App. Div. LEXIS 10302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellet-v-city-of-yonkers-nyappdiv-1961.