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Burnstine v. Burnstine

142 N.Y.S. 342 Court N.Y. App. Div. Decision date 1913-06-20 English

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p. 342
BURNSTINE V. BURNSTINE.
(Supreme Court, Appellate Division, First Department.
June 20, 1913.)

Headnote

Appeal and Ebbob (§ 876*)—Questions Reviewable—Appeals from Obdebs.
A judgment can only be corrected on appeal from' the judgment, and not on appeal from an order denying a motion to resettle it
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3549-3559; Dec. Dig. § 876.*]
Appeal from Special Term, New York County.
. Action by Aurelia M. Burnstine against Nathan Burnstine. From an order denying a motion for resettlement of findings and judgment, and from an order denying motion for reargument, defendant appeals.
Order denying motion for reargument affirmed, and order denying motion for resettlement modified and affirmed.
Argued before INGRAHAM, P. J., and LAUGHLIN, SCOTT, DOWLING, and HOTCHKISS, JJ.
Wales F. Severance, of New York City, for appellant.
Charles Strauss, of New York City, for respondent.

The order denying motion for reargument is affirmed. The order denying motion for resettlement is modified, by striking out the provision of the judgment that it was entered on motion of the defendant’s attorney, and, as so modified, affirmed, without costs, on the ground that the judgment can be corrected on appeal from the judgment, and not on appeal from an order denying a motion to resettle it.