Lacharite v. Ducatte

New York Court of Appeals

Lacharite v. Ducatte

148 N.E.2d 305, 4 N.Y.2d 700

DecidedJanuary 9, 1958

StatusPublished

This text of 148 N.E.2d 305 (Lacharite v. Ducatte) 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

Lacharite v. Ducatte, 148 N.E.2d 305, 4 N.Y.2d 700 (N.Y. 1958).

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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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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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Bluebook (online)

148 N.E.2d 305, 4 N.Y.2d 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacharite-v-ducatte-ny-1958.

Opinion

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