PURTA v. CISZ


42 A.D.2d 594 (1973)

Joseph Purta, Individually and as Executor of Stanley Zygmunt, Deceased, et al., Appellants, v. Leokadia Cisz, Respondent

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

June 18, 1973


Order entered October 3, 1972, reversed insofar as appealed from; motion to dismiss the complaint is hereby treated as one for summary judgment and is remitted to the Special Term for an immediate trial pursuant to CPLR 3211 (subd. [c]). Appeal from order dated November 10, 1972 dismissed. No appeal lies from an order which denies reargument of a motion. A single bill of $20 costs and disbursements, to cover both appeals, is awarded to the successful party or parties on the...

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