Matter of Battaglia v. Morton
This text of 84 N.E.2d 636 (Matter of Battaglia v. Morton) 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
In tbe absence of an order by tbe Appellate Division or by this court appellants leave to appeal, we may not review tbe order of tbe Appellate Division dated June 14, 1948, which affirmed unanimously tbe order of Special Term where — in accord with tbe direction contained in tbe prior intermediate order of tbe Appellate Division dated June 24, 1947 — certain issues of fact were tried and determined. (Civ. Prac. Act, § 588, subd. 2; § 589, subd. 2, cls. [a], [b].)
Tbe appeal should be dismissed with costs.
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Cite This Page — Counsel Stack
84 N.E.2d 636, 298 N.Y. 868, 1949 N.Y. LEXIS 1729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-battaglia-v-morton-ny-1949.