BOWNE v. THOMPSON


22 A.D.2d 685 (1964)

Howard Bowne, Respondent, v. Fred Thompson et al., Appellants

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

October 5, 1964


Appeal dismissed, without costs.

The order appealed from did not, as defendants assert in their notice of appeal, grant vacatur of the prior order dismissing the complaint. Rather, such order appealed from characterized the plaintiff's motion as one for reargument; and, upon granting such reargument, amended the prior order of October 16, 1963 by "extending the plaintiff's time to vacate the dismissal of the complaint." Under the circumstances the order appealed from...

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