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Horan v. Town of Brookhaven

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1967
29 A.D.2d 563 (N.Y. App. Div. 1967)

Opinion

December 29, 1967


Judgment of the Supreme Court, Suffolk County, as amended by order of said court dated March 31, 1967, affirmed insofar as appealed from, without costs and without prejudice to any remedies which may remain to the parties. Where change of substance in the judgment is sought, the remedy is an appeal or motion to vacate, not a motion to amend the judgment ( Herpe v. Herpe, 225 N.Y. 323; 9 Carmody-Wait 2d, New York Practice, § 63:157). However, in the exercise of our appellate jurisdiction, we now do what the lower court should have done ( Matter of James, 23 A.D.2d 529; Terry Gibson v. Bank of N.Y. Trust Co., 242 App. Div. 699) and treat defendants' cross motion as one to vacate that part of the original judgment which decreed that respondents build the boardwalk, and, as such, grant the motion. Beldock, P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

Horan v. Town of Brookhaven

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1967
29 A.D.2d 563 (N.Y. App. Div. 1967)
Case details for

Horan v. Town of Brookhaven

Case Details

Full title:BARBARA T. HORAN, Appellant, v. TOWN OF BROOKHAVEN et al., Respondents

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

Date published: Dec 29, 1967

Citations

29 A.D.2d 563 (N.Y. App. Div. 1967)

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