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Assuming, without deciding, that the opinion filed by the Special Term was in effect a decision and that the order entered thereon was in effect an interlocutory judgment, we discern no variance between the order sought to be resettled and the opinion decision. In this view we are in agreement with the Special Term. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.
Document Info
Citation Numbers: 265 A.D. 832, 38 N.Y.S.2d 367, 1942 N.Y. App. Div. LEXIS 6016
Filed Date: 10/19/1942
Precedential Status: Precedential
Modified Date: 10/28/2024