From Casetext: Smarter Legal Research

Rosenberg v. Caban

Court of Appeals of the State of New York
Oct 21, 1965
16 N.Y.2d 905 (N.Y. 1965)

Opinion

Argued September 22, 1965

Decided October 21, 1965

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ARTHUR A. LOW, J.

Nathan L. Berke and Howard B. Gliedman for appellant.

Herbert Dicker for respondent.


Order reversed, without costs, and matter remitted to Special Term with direction to deny the motion upon the ground that there is involved here no more than a mere irregularity subject to correction (CPLR 2001). Question certified answered in the negative. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.


Summaries of

Rosenberg v. Caban

Court of Appeals of the State of New York
Oct 21, 1965
16 N.Y.2d 905 (N.Y. 1965)
Case details for

Rosenberg v. Caban

Case Details

Full title:LAWRENCE S. ROSENBERG, as Executor of MARY ROSENBERG, Deceased, Appellant…

Court:Court of Appeals of the State of New York

Date published: Oct 21, 1965

Citations

16 N.Y.2d 905 (N.Y. 1965)
264 N.Y.S.2d 697
212 N.E.2d 151

Citing Cases

Wichlenski v. Wichlenski

He opposed the application on the merits. Since the deceased husband's personal representative was in…

Vartarian v. Brady

(Silvagnoli v Consolidated Edison Empls. Mut. Aid Socy., 112 AD2d 819, 820 [1st Dept 1985]; Meagher v ARA…