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ELIZABETH L. SOLOMAN, Respondent, v. WESTCHESTER FUNERAL HOME, INC., et al., Appellants, Impleaded with Others.

Action in partition and for an accounting. On appeal by Westchester Funeral Home, Inc., the order dated June 24, 1942, confirming the report of an official referee and directing it to pay to the receiver ninety dollars a month rent beginning October 28, 1941, is affirmed; and on appeal by George Vecchio, the order dated July 28, 1942, directing him to pay to the receiver fifty dollars a month rent beginning July 21, 1942, is affirmed, with one bill of ten dollars costs and disbursements, to be paid by appellants jointly. The appeal by Westchester Funeral Home, Inc., from the order dated July 28, 1942, denying its motion to vacate, annul, resettle and modify the aforesaid order of June 24, 1942, really constituted a motion for a reargument. An appeal does not lie from an order denying such a motion. The appeal is, therefore, dismissed, without costs. No opinion. Lazansky, P.J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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SOLOMAN v. WESTCHESTER FUNERAL HOME, INC
(Nov 9, 1942)