Chittick v. Thompson Hill Development Corporation

Full title: HENRY S. CHITTICK, Appellant, v. THOMPSON HILL DEVELOPMENT CORPORATION…

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

Date published: Mar 1, 1931

232 App. Div. 818 (N.Y. App. Div. 1931)

Opinion

March, 1931.

Present — Lazansky, P.J., Kapper, Carswell, Scudder and Davis, JJ.

Motion for reargument denied. The following phrase in the opinion^_ "indexing is no part of the record" is incorrect. (Real Property Law, § 316.)^† The laches of the moving party, however, preclude the granting of a reargument; the reason given for failing to move in accordance with rule 19^‡ being insufficient to warrant this court in disturbing the decision heretofore made.

_ See 230 App. Div. 410, 414. — [REP.

† Amd. by Laws of 1924, chap. 582. — [REP.

‡ See App. Div. Rules, 2d Dept. rule 19. — [REP.