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Frank v. Gessel

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1985
108 A.D.2d 896 (N.Y. App. Div. 1985)

Opinion

February 25, 1985

Appeal from the Supreme Court, Rockland County (Gagliardi, J.).


Appeal dismissed, with costs.

Appellant's motion was in reality a motion to reargue since no new matter was presented which was unavailable to him in connection with his prior cross motion, which was denied ( see, Galaxy Export v Bedford Textile Prods., 89 A.D.2d 576; Erlich v Erlich, 80 A.D.2d 882). Therefore, the appeal must be dismissed. In any event, were we to reach the merits we would hold that the denial of the application to transfer the case to the Jury Calendar was not an abuse of discretion. Titone, J.P., Bracken, Weinstein and Niehoff, JJ., concur.


Summaries of

Frank v. Gessel

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1985
108 A.D.2d 896 (N.Y. App. Div. 1985)
Case details for

Frank v. Gessel

Case Details

Full title:WILLIAM FRANK et al., Respondents, v. CHARLES GESSEL, Appellant and…

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

Date published: Feb 25, 1985

Citations

108 A.D.2d 896 (N.Y. App. Div. 1985)

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