New York Court of Appeals, 1970

Lima v. Chrysler Corp.

Lima v. Chrysler Corp.
New York Court of Appeals · Decided April 16, 1970
26 N.Y.2d 981; 259 N.E.2d 491; 311 N.Y.S.2d 24; 1970 N.Y. LEXIS 1380

Lima v. Chrysler Corp.

Opinion

Motion denied. Two separable questions are raised by this motion for leave to appeal from an order of the Appellate Division dismissing an appeal to that court for failure to prosecute : (a) finality, and (b) the existence of a question of law reviewable *982 by this court. The order is final, but it turns on the exercise of discretion by the Appellate Division which, except in circumstances not present on this record, would not be reviewable by this court.

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