Evadan Realty Corp. v. Patterson, Sheeran

New York Court of Appeals

Evadan Realty Corp. v. Patterson, Sheeran

77 N.E.2d 25, 297 N.Y. 732, 1947 N.Y. LEXIS 1187

CourtNew York Court of Appeals

DecidedNovember 21, 1947

StatusPublished

Cited by7 cases

This text of 77 N.E.2d 25 (Evadan Realty Corp. v. Patterson, Sheeran) 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

Evadan Realty Corp. v. Patterson, Sheeran, 77 N.E.2d 25, 297 N.Y. 732, 1947 N.Y. LEXIS 1187 (N.Y. 1947).

Pincite

Opinion

Upon appeal from order denying temporary injunction, appeal dismissed, without costs. In the absence of any statement in the order of the Appellate Division that its decision was based solely on questions of law and not in the exercise of discretion, we are required to presume that the contrary was the fact (Civ. Prac. Act, § 603). The appeal is dismissed on the ground that the question of law certified is not decisive of the correctness of the order appealed from (Civ. Prac. Act, § 589, subd. 3, par. [b]; Langan v. First Trust and Deposit Co., 296 N. Y. 60, 61). No opinion.

Upon appeal from judgment, judgment reversed and the order of Special Term affirmed, with costs in this court and in the Appellate Division to abide the event. The record before us presents questions of law which turn upon questions of fact which should be determined only upon a record made on a full trial of the case. We decide no other question. No opinion.

Concur: Lottghran", Ch. J., Lewis, Conway, Desmoud, Thacher, Dye and Fold, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Upon appeal from order denying temporary injunction, appeal dismissed, without costs. In the absence of any statement in the order of the Appellate Division that its decision was based solely on questions of law and not in the exercise of discretion, we are required to presume that the contrary was the fact (Civ. Prac. Act, § 603). The appeal is dismissed on the ground that the question of law certified is not decisive of the correctness of the order appealed from (Civ. Prac. Act, § 589, subd. 3, par. [b]; Langan v. First Trust and Deposit Co., 296 N. Y. 60, 61). No opinion.

Upon appeal from judgment, judgment reversed and the order of Special Term affirmed, with costs in this court and in the Appellate Division to abide the event. The record before us presents questions of law which turn upon questions of fact which should be determined only upon a record made on a full trial of the case. We decide no other question. No opinion.

Concur: Lottghran", Ch. J., Lewis, Conway, Desmoud, Thacher, Dye and Fold, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

77 N.E.2d 25, 297 N.Y. 732, 1947 N.Y. LEXIS 1187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evadan-realty-corp-v-patterson-sheeran-ny-1947.

Opinion

Related

Cite This Page — Counsel Stack