Carter v. Castle Electric Contracting Co.
Cases that cite this one
7 later published cases cite this decision.
- Salahuddin v. Coughlin, III (2d Cir. 1986)
- Salahuddin v. Coughlin (2d Cir. 1986)
- MTGLQ Invs., LP v. Zaveri (Appellate Division of the Supreme Court of New York 2022)
- Charalabidis v. Elnagar (Appellate Division of the Supreme Court of New York 2020)
- Holman v. City of New York (Civil Court of the City of New York 1999)
- Extebank v. Finkelstein (Appellate Division of the Supreme Court of New York 1992)
- Parsons v. Parsons (NYC Family Court 1975)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for injury to person and property, the plaintiff appeals from an alleged order of the Supreme Court, Nassau County, dated February 25, 1964, which granted the defendants’ motion to dismiss the complaint, made at the close of the plaintiff’s case during a jury trial. Appeal dismissed, without costs. The alleged order appealed from is no more than an entry in the Clerk’s minutes stating that the defendants’ motion to dismiss the complaint was granted. Such an entry, which was neither signed nor initialed by the Judge, is not an order which may be the subject of an appeal (OPLR 2219; cf. Gerity v. Seeger & Guernsey Co., 163 N. Y. 119; cf. former rule III of the General Rules of Practice as it read prior to its amendment, effective Sept. 1, 1910, and section 767 of the former Code of Civil Procedure with OPLR 2219). No appeal lies from an entry in the Clerk’s minutes despite the fact that it is denominated as an order (Kinner v. Kuroczlca, 12 A D 2d 383, 386; Arnold v. Tates, 253 App. Div. 840). Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.