Lacharite v. Ducatte
148 N.E.2d 305, 4 N.Y.2d 700
Opinion
Motion by appellant granted and appeal dismissed. The order appealed from directs a trial where there never had been a trial. In the absence of permission by the Appellate Division to appeal upon one or more certified questions, an appeal to this court does not lie (N. T. Const., art. VI, § 7, subd. [3]; Civ. Prac. Act, § 588, subd. 3; Matter of Schenfeld v. Lawlor, 307 N. Y. 916; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284). In view of this dismissal, application for a stay denied.
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Lacharite v. Ducatte, 148 N.E.2d 305, 4 N.Y.2d 700 (N.Y. 1958).
148 N.E.2d 305 (Lacharite v. Ducatte) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Schenfeld v. Lawlor
123 N.E.2d 569 (New York Court of Appeals, 1954)