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GRAZI v. DOUGLASTON ESTATES, INC.

17 Misc.2d 512 (1958)

Jacob S. Grazi, Appellant, v. Douglaston Estates, Inc., Respondent. Julius Goldberg et al., Appellants, v. Douglaston Estates, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

November 24, 1958.

Attorney(s) appearing for the Case

Berman & Tomaselli (Charles Sutton of counsel), for appellants.

Holman & Holman (Paul C. Fusco of counsel), for respondent.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.

Per Curiam.

By proceeding to trial, plaintiffs waived their right to appeal from that part of the order which granted defendant's motion to open its default and permitted it to interpose an answer herein. No appeal lies from the order insofar as it denied plaintiffs' cross-motion "to strike out the appearance of the attorneys purporting to act in the name of the defendant" (Nassau County District Court Act, §...

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