Fishman v. Manhattan & Bronx Surface Transit Operating Authority

New York Court of Appeals
Fishman v. Manhattan & Bronx Surface Transit Operating Authority, 78 N.Y.2d 878 (N.Y. 1991)
573 N.Y.S.2d 68; 577 N.E.2d 59; 1991 N.Y. LEXIS 852

Fishman v. Manhattan & Bronx Surface Transit Operating Authority

Opinion of the Court

Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that the Appellate Division does not have the power to grant leave to appeal on a certified question from an order granting a new trial (see, CPLR 5601 [c]; 5602 [b] [1]; Mundt v Glokner, 160 NY 571), without prejudice to any right plaintiff may have to take an appeal pursuant to CPLR 5601 (c), if he be so advised.

Reference

Full Case Name
Lester Fishman, as Preliminary of Arthur Lesser v. Manhattan and Bronx Surface Transit Operating Authority
Cited By
3 cases
Status
Published