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Blechman Sons, Inc., v. Osman

Appellate Division of the Supreme Court of New York, First Department
May 28, 1937
251 App. Div. 271 (N.Y. App. Div. 1937)

Opinion

May 28, 1937.

Appeal from Supreme Court of New York County.

David Michelsohn, for the appellant.

Gerald H. Chambers of counsel [ Chambers Chambers, attorneys], for the respondent.

Present — MARTIN, P.J., O'MALLEY, DORE, COHN and CALLAHAN, JJ.


The action in which the permanent injunction was granted herein began in 1934 before the enactment (April, 1935) of section 876-a of the Civil Practice Act. The action was tried in May, 1936, and a final decree granting a permanent injunction was made in June, 1936.

That injunction was a valid decree of a court having jurisdiction of the parties and the subject-matter. The remedy of one aggrieved was by appeal or an application to modify. No appeal having been taken and no modification asked or obtained, the decree is as to the parties herein the law of the case. In view of this ruling it is unnecessary at this time to consider the other points raised.

Accordingly, the order should be reversed and the matter remitted to Special Term for further proceedings.


Order unanimously reversed and the matter remitted to Special Term for further proceedings.


Summaries of

Blechman Sons, Inc., v. Osman

Appellate Division of the Supreme Court of New York, First Department
May 28, 1937
251 App. Div. 271 (N.Y. App. Div. 1937)
Case details for

Blechman Sons, Inc., v. Osman

Case Details

Full title:S. BLECHMAN SONS, INC., Appellant, v. ARTHUR OSMAN, as President, or MAX…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 28, 1937

Citations

251 App. Div. 271 (N.Y. App. Div. 1937)
296 N.Y.S. 285