Jajoute v. New York City Health & Hospitals Corp.

New York Court of Appeals

Jajoute v. New York City Health & Hospitals Corp.

704 N.E.2d 223, 92 N.Y.2d 941, 681 N.Y.S.2d 469, 1998 N.Y. LEXIS 3718

CourtNew York Court of Appeals

DecidedOctober 22, 1998

StatusPublished

Cited by1 cases

This text of 704 N.E.2d 223 (Jajoute v. New York City Health & Hospitals Corp.) 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

Jajoute v. New York City Health & Hospitals Corp., 704 N.E.2d 223, 92 N.Y.2d 941, 681 N.Y.S.2d 469, 1998 N.Y. LEXIS 3718 (N.Y. 1998).

Pincite

Opinion

Motion, deemed a motion for leave to appeal from the July 8, 1998 judgment of Supreme Court, dismissed upon the ground that no appeal lies therefrom (see, CPLR 5602). The Appellate Division order dated September 29, 1997 was viewed by the Court of Appeals as denying a motion for reargument, which is [942]*942nonfinal. The language in the Appellate Division order reinstating the July 11, 1995 Supreme Court order was surplusage. The denial of the motion to reargue automatically reinstated that Supreme Court order. Moreover, the nonfinal Appellate Division order denying reargument is not a prior nonfinal order necessarily affecting a final judgment within the meaning of CPLR 5602 (a) (1) (ii) and no motion for leave to appeal otherwise lies to the Court of Appeals from the July 8, 1998 Supreme Court judgment.

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Motion, deemed a motion for leave to appeal from the July 8, 1998 judgment of Supreme Court, dismissed upon the ground that no appeal lies therefrom (see, CPLR 5602). The Appellate Division order dated September 29, 1997 was viewed by the Court of Appeals as denying a motion for reargument, which is [942]*942nonfinal. The language in the Appellate Division order reinstating the July 11, 1995 Supreme Court order was surplusage. The denial of the motion to reargue automatically reinstated that Supreme Court order. Moreover, the nonfinal Appellate Division order denying reargument is not a prior nonfinal order necessarily affecting a final judgment within the meaning of CPLR 5602 (a) (1) (ii) and no motion for leave to appeal otherwise lies to the Court of Appeals from the July 8, 1998 Supreme Court judgment.

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Bluebook (online)

704 N.E.2d 223, 92 N.Y.2d 941, 681 N.Y.S.2d 469, 1998 N.Y. LEXIS 3718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jajoute-v-new-york-city-health-hospitals-corp-ny-1998.

Opinion

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