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SELLET v. CITY OF YONKERS

13 A.D.2d 976 (1961)

Florence M. Sellet et al., Respondents, v. City of Yonkers, Appellant, and John Samal, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1961

Motion by plaintiffs to dismiss appeal of the defendant City of Yonkers, granted; appeal dismissed, without costs.

Since no new facts were actually presented on the second motion it was in fact one for reargument of the prior motion. An order denying a motion for reargument is not appealable (Polito v. Town of Babylon, 5 A.D.2d 877

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