CESLA v. FRYDMAN


47 A.D.2d 742 (1975)

Isaac Cesla, Respondent, v. Henry Frydman et al., Appellants

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

March 3, 1975


Appeal from the interlocutory judgment dismissed. That appeal is rendered academic by reason of the disposition herein of the appeal from the order. Order reversed, defendants' motion granted and new trial granted.

Defendants are awarded a single bill of costs to abide the event of the new trial to cover both appeals. The trial court erred in denying defendants' motion for a new trial (see CPLR 5015, subd. [a], par. 2). The evidence submitted in support of the motion...

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