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Katz v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1961
13 A.D.2d 529 (N.Y. App. Div. 1961)

Opinion

March 20, 1961


Motion by defendant to dismiss plaintiff's appeal from an order made on October 5, 1960, and entered on October 7, 1960, in the Supreme Court, Queens County, denying plaintiff's motion to resettle and modify a judgment of separation entered on May 26, 1957, in an action between the parties. Motion granted, without costs. The order appealed from is one denying a motion to resettle a judgment in its substantive or decretal provisions. Such an order is not appealable ( Genadeen Caterers v. Hotel Genadeen, 277 App. Div. 892; Cohen v. Cohen, 286 App. Div. 103 5, 1036; Wiggins v. Town of Somers, 8 A.D.2d 733; Amsterdam v. Compania Naviera, 8 A.D.2d 947, 948). Even if the appeal were properly here, however, the order sought to be reviewed would be affirmed. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.


Summaries of

Katz v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1961
13 A.D.2d 529 (N.Y. App. Div. 1961)
Case details for

Katz v. Katz

Case Details

Full title:ANNA KATZ, Appellant, v. MAX KATZ, Respondent

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

Date published: Mar 20, 1961

Citations

13 A.D.2d 529 (N.Y. App. Div. 1961)

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