Langan v. First Trust and Deposit Co.
Cases that cite this one
11 later published cases cite this decision.
- Kaskel v. Impellitteri (N.Y. 1953)
- Schaeffer v. O'Brien (Appellate Division of the Supreme Court of New York 1958)
- Meenan v. Meenan (N.Y. 1956)
- Chancer v. Chancer (N.Y. 1954)
- Hammer v. Hammer (Appellate Division of the Supreme Court of New York 1951)
- Stevenson v. News Syndicate Co. (N.Y. 1950)
- Long Park, Inc. v. Trenton-New Brunswick Theatres Co. (N.Y. 1949)
- Jackson v. National Grange Mutual Liability Co. (N.Y. 1949)
- Mencher v. Chesley (N.Y. 1947)
- Langan v. First Trust Deposit Company (N.Y. 1947)
- Evadan Realty Corp. v. Patterson, Sheeran (N.Y. 1947)
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
Neither in the order appealed from nor in the order granting leave to appeal to this court is there any statement by the Appellate Division that its decision was based solely on the question of law in the case and was not also the result of an exercise of discretion. In such circumstances, section 603 of the Civil Practice Act requires us to presume that the contrary is the fact. The appeals must therefore be dismissed, without costs on the ground that the question of law certified is not decisive of the correctness of the order appealed from (Civ. Prac. Act, § 589, subd. 3, cl. [b] Braunworth v. Braunworth, 285 N. Y. 151).
The appeals should be dismissed, without costs.
Loughran, Ch. J., Conway, Desmond, Thaoher, Dye and Fuld, JJ., concur; Lewis, J., taking no part.
Appeals dismissed. [See 296 N. Y. 834.]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.