Langan v. First Trust and Deposit Co.
This text of 70 N.E.2d 15 (Langan v. First Trust and Deposit Co.) 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.
Opinion
Neither in the order appealed from nor in the order granting leave to appeal to this court is there any statement by the Appellate Division that its decision was based solely on the question of law in the case and was not also the result of an exercise of discretion. In such circumstances, section 603 of the Civil Practice Act requires us to presume that the contrary is the fact. The appeals must therefore be dismissed, without costs on the ground that the question of law certified is not decisive of the correctness of the order appealed from (Civ. Prac. Act, § 589, subd. 3, cl. [b] Braunworth v. Braunworth, 285 N. Y. 151).
The appeals should be dismissed, without costs.
Loughran, Ch. J., Conway, Desmond, Thaoher, Dye and Fuld, JJ., concur; Lewis, J., taking no part.
Appeals dismissed. [See 296 N. Y. 834.]
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Cite This Page — Counsel Stack
70 N.E.2d 15, 296 N.Y. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langan-v-first-trust-and-deposit-co-ny-1946.