Ryan v. Gedney, Inc. ( 1941 )

Motion to dismiss appeal granted, without costs, and appeal dismissed, without costs. Plaintiffs waived the right to appeal from the original order by applying for and obtaining an order granting reargument, even though the court adhered to its original determination. Upon entry of the order granting reargument, the appeal from the original order became a nullity. (Weitzer v. Weitzer, 255 App. Div. 795; Schrank v. New York Hotel Statler Co., Inc., 254 id. 710.) Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.