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In re Klein

123 N.E.2d 565, 307 N.Y. 909, 1954 N.Y. LEXIS 1589
CourtNew York Court of Appeals
DecidedDecember 2, 1954
StatusPublished
Cited by1 cases

This text of 123 N.E.2d 565 (In re Klein) 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
In re Klein, 123 N.E.2d 565, 307 N.Y. 909, 1954 N.Y. LEXIS 1589 (N.Y. 1954).

Opinion

Motion to dismiss appeal granted upon the ground that the order appealed from does not finally determine the special proceeding within the meaning of the Constitution. While Matter of Mohawk Overall Co. (210 N. Y. 474) may indicate otherwise, the precise question here presented was there neither raised nor discussed. In this special proceeding (Civ. Prac. Act, art. 30) the final order is that requiring the witness to appear (Rules Civ. Prac., rule 137), and not the order denying his motion to vacate (Rules Civ. Prac., rule 136). Motion for leave to appeal dismissed, with $10 costs and necessary printing disbursements.

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Related

In re Klein
131 N.E.2d 888 (New York Court of Appeals, 1956)

Cite This Page — Counsel Stack

Bluebook (online)
123 N.E.2d 565, 307 N.Y. 909, 1954 N.Y. LEXIS 1589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-klein-ny-1954.