Ellman v. Mendelowitz

New York Court of Appeals

Ellman v. Mendelowitz

313 N.E.2d 789, 34 N.Y.2d 735, 357 N.Y.S.2d 496, 1974 N.Y. LEXIS 1612

DecidedMay 8, 1974

StatusPublished

This text of 313 N.E.2d 789 (Ellman v. Mendelowitz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellman v. Mendelowitz, 313 N.E.2d 789, 34 N.Y.2d 735, 357 N.Y.S.2d 496, 1974 N.Y. LEXIS 1612 (N.Y. 1974).

Pincite

Opinion

Motion dismissed as academic.

On the court’s own motion, appeal dismissed, without costs. The appeal from the Appellate Division’s dismissal of the appeal for failure to prosecute is dismissed on the ground that such a determination turns on the exercise of discretion not here reviewable (see Lima v. Chrysler Corp., 26 N Y 2d 981). The appeal from the Appellate Division’s order of affirmance of the order denying plaintiffs’ motion for a new trial is dismissed upon the ground that said order is nonfinal.

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Motion dismissed as academic.

On the court’s own motion, appeal dismissed, without costs. The appeal from the Appellate Division’s dismissal of the appeal for failure to prosecute is dismissed on the ground that such a determination turns on the exercise of discretion not here reviewable (see Lima v. Chrysler Corp., 26 N Y 2d 981). The appeal from the Appellate Division’s order of affirmance of the order denying plaintiffs’ motion for a new trial is dismissed upon the ground that said order is nonfinal.

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Bluebook (online)

313 N.E.2d 789, 34 N.Y.2d 735, 357 N.Y.S.2d 496, 1974 N.Y. LEXIS 1612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellman-v-mendelowitz-ny-1974.