TUMOLILLO v. TUMOLILLO


60 A.D.2d 648 (1977)

Robert Tumolillo, Respondent, v. Mercedes Tumolillo, Appellant

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

December 27, 1977


Appeal from the order dismissed. No appeal lies from an order which denies a motion for reargument of a decision. Judgment reversed, on the law, the facts and in the interest of justice, and new trial granted. Defendant is awarded one bill of costs to cover both appeals.

When the trial commenced, plaintiff's counsel announced a stipulation on the alimony to be awarded to defendant. Thereafter the trial court repeatedly advised defendant that she could not obtain more...

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