Hyperlawhypertext legal databasebeta Borgos v. Duerstein 307 N.Y. 932

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Borgos v. Duerstein

307 N.Y. 932 Court N.Y. Decision date 1954-12-03 English

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p. 932
Edwin F. Borgos et al., Respondents, v. Edward G. Duerstein et al., Appellants.
Submitted November 29, 2954;
decided December 3, 1954.
p. 933
Harry G. Herman, County Attorney, for motion.
Julius Garrell and Harry Menoin opposed.

Motion for leave to appeal dismissed, with $10 costs and necessary printing disbursements, upon the ground that the movant is neither a “ party aggrieved ” (Civ. Prac. Act, § 557, subd. 1) nor a “ person aggrieved who is not a party but is entitled to be substituted in place of a party ” within the meaning of section 557 (subd. 2) of the Civil Practice Act. Motion for an order of substitution dismissed.