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Both v. Hyatt

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1959
7 A.D.2d 992 (N.Y. App. Div. 1959)

Opinion

March 2, 1959

Present — Nolan, P.J., Wenzel, Beldock, Ughetta and Hallinan, JJ.


In an action by the vendee named in a contract for the purchase and sale of real property for specific performance, and for other relief, the appeal is (1) from an order dismissing the amended complaint on the motion of respondent Albert M. Hyatt, by reason of appellant's failure diligently to prosecute the action (Rules Civ. Prac., rule 156), and (2) from the decision on which said order was entered. The order recites that respondent Burchetta was heard as an attorney and as a party in support of the motion. Order unanimously affirmed, with $10 costs and disbursements. No opinion. Appeal from decision dismissed, without costs. No appeal lies from a decision.


Summaries of

Both v. Hyatt

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1959
7 A.D.2d 992 (N.Y. App. Div. 1959)
Case details for

Both v. Hyatt

Case Details

Full title:MARINUS BOTH, Appellant, v. ALBERT M. HYATT et al., Respondents

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

Date published: Mar 2, 1959

Citations

7 A.D.2d 992 (N.Y. App. Div. 1959)

Citing Cases

Bloom v. Bank for Savings

Appeal from "decision" dismissed. No appeal lies from a decision ( Both v. Hyatt, 7 A.D.2d 992). The judgment…