Opinion

Brown v. Brown

32 A.D.2d 625
1969 N.Y. App. Div. LEXIS 4044

Court: Appellate Division of the Supreme Court of the State of New York
Filed: May 8, 1969
Status: Published
Cited by: 0 cases
Authority: More cited than 0.5%

The opinion

Motion denied. Defendant has sought and been granted the same relief in the Supreme Court, Special Term, as is sought by this motion. An appeal from the order of the Supreme Court has been taken, and defendant by this motion cannot be allowed to circumvent such appeal. He should be bound by his election to proceed in the Supreme Court (cf. Drescher Rotberg Co. v. Landeker, 82 Misc. 441 ). Concur — McGivern, J. P., Markewich, Nunez, McNally and Steuer, JJ.

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