Nygaard Flooring Co. v. 814 Forty-fourth Street Corp.

Majority

p. 779

Nygaard Flooring Co., Inc., Respondent, v. 814 Forty-fourth Street Corporation and Others, Defendants, and El Josh Realty Corporation, Appellant.

Appeal from order denying motion of defendant El Josh Realty Corporation to dismiss complaint dismissed, without costs. As said defendant, since the denial of its motion to dismiss, served an answer to the complaint, it has abandoned its motion and appeal. (Civ. Prac. Act, § 282.) The appeal from the order denying motion for reargument is also dismissed, as such order is not appealable. Lazansky, P. J., Young, Hagarty, Scudder and Tompkins, JJ., concur.