Garelik v. Rennard

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

Decided March 15, 1922

Appellate Division of the Supreme Court of the State of New York · decided 1922-03-15

Plaintiffs’ motion was granted, but defendants’ motion for leave to withdraw demurrers and to answer was denied. On reargument at Special Term defendants’ motion to vacate judgment and for leave to withdraw demurrers and to answer was again denied. Demurring defendants appealed from said last-mentioned decision and order, except in so far as the said decision and order granted the motion for reargument. (See 200 App. Div. 904.)

Decided 1922-03-15

Per Curiam:

¶1An order of this court having been entered on February 17, 1922, reversing upon defendant’s appeal an order of Special Term denying upon reargument defendant’s motion to vacate the judgment herein, so far as it denied defendant leave to withdraw the demurrer and to answer, and granting said motion, the judgment was thereby vacated and leave given to defendant to withdraw demurrer and to answer. This appeal is, therefore, dismissed, without costs. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Appeal dismissed, without costs.