MATTER OF UNTERMAN


57 A.D.2d 745 (1977)

In the Matter of the Final Accounting of Elvin I. Unterman, as Trustee of an Escrow Agreement Made by Jimlo Restaurant Corp. and Taki Iatropoulos. Elvin I. Unterman, Appellant; Morris M. Kaufman et al., Respondents

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

May 3, 1977


Petitioner contends for the first time on appeal that as judgment in this special proceeding was entered on June 10, 1976, prior to the determination of respondents' motion to renew (inadvertently labeled as one to reargue), Special Term improvidently exercised discretion to grant such motion pursuant to CPLR 2221 since that obviated the requirements of CPLR 5015. Significantly, there was no final judgment entered at the time that...

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