Abrahamsen v. Brockway Glass Co.

Appellate Division of the Supreme Court of New York

Abrahamsen v. Brockway Glass Co.

119 A.D.2d 612, 500 N.Y.S.2d 780, 1986 N.Y. App. Div. LEXIS 55547

Appellate Division of the Supreme Court of the State of New York·Decided April 14, 1986·Published·Cited by 6 cases

Opinion

— In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated July 19, 1985, which granted the plaintiffs’ motion to renew or reargue prior motions of the defendant and the third-party defendant for summary judgment dismissing the complaints against each of them, and, upon reargument, determined that the underlying motions were to be held in abeyance pending the furnishing of a promised but omitted expert’s report to Special Term and opposing parties within a 30-day period.

Appeal dismissed, on the law, without costs or disbursement.

The order holding the underlying motions in abeyance, pending service and receipt of a report, did not determine those motions and therefore is not appealable as of right (CPLR 5701 [a] [2]; cf. Astuto v New York Univ. Med. Center, 97 AD2d 805). Lazer, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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— In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated July 19, 1985, which granted the plaintiffs’ motion to renew or reargue prior motions of the defendant and the third-party defendant for summary judgment dismissing the complaints against each of them, and, upon reargument, determined that the underlying motions were to be held in abeyance pending the furnishing of a promised but omitted expert’s report to Special Term and opposing parties within a 30-day period.

Appeal dismissed, on the law, without costs or disbursement.

The order holding the underlying motions in abeyance, pending service and receipt of a report, did not determine those motions and therefore is not appealable as of right (CPLR 5701 [a] [2]; cf. Astuto v New York Univ. Med. Center, 97 AD2d 805). Lazer, J. P., Niehoff, Kooper and Spatt, JJ., concur.

Abrahamsen v. Brockway Glass Co., 119 A.D.2d 612, 500 N.Y.S.2d 780, 1986 N.Y. App. Div. LEXIS 55547 (N.Y. Ct. App. 1986).

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119 A.D.2d 612 (Abrahamsen v. Brockway Glass Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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