Flynn v. McCoy

New York Court of Appeals

Flynn v. McCoy

261 N.E.2d 414, 27 N.Y.2d 614, 313 N.Y.S.2d 418, 1970 N.Y. LEXIS 1237

DecidedJune 4, 1970

StatusPublished

This text of 261 N.E.2d 414 (Flynn v. McCoy) 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

Flynn v. McCoy, 261 N.E.2d 414, 27 N.Y.2d 614, 313 N.Y.S.2d 418, 1970 N.Y. LEXIS 1237 (N.Y. 1970).

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Opinion

Appeal -dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. An appeal does not lie upon a stipulation for judgment absolute from an order granting a trial or hearing in the first instance, as distinguished from an order granting a “ new trial or hearing ” (CPLR 5601, subd. [c]; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).

Concur: Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Chief Judge Fuld and Judge Gibson.

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Appeal -dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. An appeal does not lie upon a stipulation for judgment absolute from an order granting a trial or hearing in the first instance, as distinguished from an order granting a “ new trial or hearing ” (CPLR 5601, subd. [c]; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).

Concur: Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Chief Judge Fuld and Judge Gibson.

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Bluebook (online)

261 N.E.2d 414, 27 N.Y.2d 614, 313 N.Y.S.2d 418, 1970 N.Y. LEXIS 1237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-mccoy-ny-1970.