Appellate Terms of the Supreme Court of New York, 1962

Herstein v. Marlin Transportation Corp.

Appellate Terms of the Supreme Court of New York · Decided February 1, 1962

35 Misc. 2d 182; 232 N.Y.S.2d 319; 1962 N.Y. Misc. LEXIS 3928

Counsel

Raymond J. MacDonnell and Jacob Sedlih for appellant. Herman B. Glaser for respondents.

Opinion of the Court

Per Curiam.

The order from which this appeal is taken granted a motion to vacate the dismissal of the action for failure to prosecute and restored the ease to the general calendar on stated conditions.

No leave to appeal therefrom was first obtained. Such leave is indispensable (N. Y. City Mun. Ct. Code, § 154, subd. 7).

The appeal should therefore be dismissed, without costs.

Concur — Hecht, J. P., Gold and Capozzoli, JJ.

Appeal dismissed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.