Suffolk & Nassau Amusement Co. v. Wurlitzer Co.

Appellate Division of the Supreme Court of New York

Suffolk & Nassau Amusement Co. v. Wurlitzer Co.

24 A.D.2d 893, 264 N.Y.S.2d 847, 1965 N.Y. App. Div. LEXIS 2984

Appellate Division of the Supreme Court of the State of New York·Decided November 22, 1965·Published·Cited by 6 cases

Opinion

In an action to recover damages for fraud and deceit [894] etc., the plaintiff appeals from an order of the Supreme Court, Nassau County, entered March 30, 1965, which denied plaintiff’s “ motion for leave to reargue ” defendant’s motion to vacate the service of the summons, previously decided in defendant’s favor (see 22 A D 2d 1018). Order affirmed, with $10 costs and disbursements. In our opinion, the plaintiff’s motion, denominated as a " motion for leave to reargue ” was, in fact, a motion for leave to renew, the denial of which is appealable (Drinkwater v. Grady, 285 App. Div. 1176). It is our further opinion, however, that the motion was properly denied on the ground that the alleged newly discovered evidence would not, in any event, have produced a different result. Brennan, Acting P. J., Hill, Babin, Hopkins and Benjamin, JJ., concur.

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In an action to recover damages for fraud and deceit [894] etc., the plaintiff appeals from an order of the Supreme Court, Nassau County, entered March 30, 1965, which denied plaintiff’s “ motion for leave to reargue ” defendant’s motion to vacate the service of the summons, previously decided in defendant’s favor (see 22 A D 2d 1018). Order affirmed, with $10 costs and disbursements. In our opinion, the plaintiff’s motion, denominated as a " motion for leave to reargue ” was, in fact, a motion for leave to renew, the denial of which is appealable (Drinkwater v. Grady, 285 App. Div. 1176). It is our further opinion, however, that the motion was properly denied on the ground that the alleged newly discovered evidence would not, in any event, have produced a different result. Brennan, Acting P. J., Hill, Babin, Hopkins and Benjamin, JJ., concur.

Suffolk & Nassau Amusement Co. v. Wurlitzer Co., 24 A.D.2d 893, 264 N.Y.S.2d 847, 1965 N.Y. App. Div. LEXIS 2984 (N.Y. Ct. App. 1965).

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24 A.D.2d 893 (Suffolk & Nassau Amusement Co. v. Wurlitzer Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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