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Lanaris v. Mutual Benefit Life Insurance Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1959
9 A.D.2d 1015 (N.Y. App. Div. 1959)

Opinion

December 23, 1959

Appeal from the Erie Special Term.

Present — McCurn, P.J., Kimball, Williams, Bastow and Halpern, JJ.


Order modified in accordance with the memorandum and, as so modified, affirmed, without costs of this appeal to either party. Memorandum: The motion to vacate the order of March 30, 1959, was properly denied but, under the prayer for "other and further relief", the motion should have been treated as one to resettle the recitals in the order so as to incorporate a list of all the papers upon which the order had been based (Rules Civ. Prac., rule 234; Sylvander v. Taber, 8 A.D.2d 1001; Young v. Taber, 9 A.D.2d 631; Farmers' Nat. Bank v. Underwood, 12 App. Div. 269; 1 Carmody-Wait, New York Practice, p. 697). The order appealed from should be modified by adding a paragraph directing that the recitals in the order of March 30, 1959, be resettled by incorporating therein a list of all the papers which were used upon the argument of the motion which led to that order, as given in the affidavits of the attorneys. All concur.


Summaries of

Lanaris v. Mutual Benefit Life Insurance Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1959
9 A.D.2d 1015 (N.Y. App. Div. 1959)
Case details for

Lanaris v. Mutual Benefit Life Insurance Co.

Case Details

Full title:ANASTASIA LANARIS, Plaintiff, v. MUTUAL BENEFIT LIFE INSURANCE Company et…

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

Date published: Dec 23, 1959

Citations

9 A.D.2d 1015 (N.Y. App. Div. 1959)

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