Carter v. Castle Electric Contracting Co.

Appellate Division of the Supreme Court of New York

Carter v. Castle Electric Contracting Co.

23 A.D.2d 768, 258 N.Y.S.2d 564, 1965 N.Y. App. Div. LEXIS 4447

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 12, 1965

StatusPublished

Cited by7 cases

This text of 23 A.D.2d 768 (Carter v. Castle Electric Contracting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Castle Electric Contracting Co., 23 A.D.2d 768, 258 N.Y.S.2d 564, 1965 N.Y. App. Div. LEXIS 4447 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to recover damages for injury to person and property, the plaintiff appeals from an alleged order of the Supreme Court, Nassau County, dated February 25, 1964, which granted the defendants’ motion to dismiss the complaint, made at the close of the plaintiff’s case during a jury trial. Appeal dismissed, without costs. The alleged order appealed from is no more than an entry in the Clerk’s minutes stating that the defendants’ motion to dismiss the complaint was granted. Such an entry, which was neither signed nor initialed by the Judge, is not an order which may be the subject of an appeal (OPLR 2219; cf. Gerity v. Seeger & Guernsey Co., 163 N. Y. 119; cf. former rule III of the General Rules of Practice as it read prior to its amendment, effective Sept. 1, 1910, and section 767 of the former Code of Civil Procedure with OPLR 2219). No appeal lies from an entry in the Clerk’s minutes despite the fact that it is denominated as an order (Kinner v. Kuroczlca, 12 A D 2d 383, 386; Arnold v. Tates, 253 App. Div. 840). Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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In an action to recover damages for injury to person and property, the plaintiff appeals from an alleged order of the Supreme Court, Nassau County, dated February 25, 1964, which granted the defendants’ motion to dismiss the complaint, made at the close of the plaintiff’s case during a jury trial. Appeal dismissed, without costs. The alleged order appealed from is no more than an entry in the Clerk’s minutes stating that the defendants’ motion to dismiss the complaint was granted. Such an entry, which was neither signed nor initialed by the Judge, is not an order which may be the subject of an appeal (OPLR 2219; cf. Gerity v. Seeger & Guernsey Co., 163 N. Y. 119; cf. former rule III of the General Rules of Practice as it read prior to its amendment, effective Sept. 1, 1910, and section 767 of the former Code of Civil Procedure with OPLR 2219). No appeal lies from an entry in the Clerk’s minutes despite the fact that it is denominated as an order (Kinner v. Kuroczlca, 12 A D 2d 383, 386; Arnold v. Tates, 253 App. Div. 840). Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

23 A.D.2d 768, 258 N.Y.S.2d 564, 1965 N.Y. App. Div. LEXIS 4447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-castle-electric-contracting-co-nyappdiv-1965.

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