Blumenstock v. Weissman

Full title: HYMAN BLUMENSTOCK et al., Appellants, v. NAOMI WEISSMAN et al.…

Court: Supreme Court, Appellate Term, Second Department

Date published: Mar 30, 1966

50 Misc. 2d 119 (N.Y. App. Term 1966)

269 N.Y.S.2d 507

Opinion

March 30, 1966

Appeal from the County Court, Westchester County, ROBERT J. TRAINOR, J.

Hyman Blumenstock, appellant in person, and for Florence Blumenstock and others, appellants.

Allen M. Taylor and Martin M. Baxter for respondents.

Per Curiam.

In our opinion the holding of the County Court that it lacked jurisdiction to entertain the motion to vacate its prior determination would be equally applicable to the Justice's Court had an application for similar relief been directed to that court in the first instance. (See Duran v. Chelsea Exch. Bank, 123 Misc. 158.)

The order should be affirmed, with $10 costs.

MARGETT, BRENNER and OLLIFFE, JJ., concur.

Order affirmed, etc.