Nelson v. Jamaica Buses, Inc.

New York Court of Appeals

Nelson v. Jamaica Buses, Inc.

288 N.E.2d 805, 31 N.Y.2d 666, 336 N.Y.S.2d 902, 1972 N.Y. LEXIS 1096

DecidedSeptember 28, 1972

StatusPublished

This text of 288 N.E.2d 805 (Nelson v. Jamaica Buses, Inc.) 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

Nelson v. Jamaica Buses, Inc., 288 N.E.2d 805, 31 N.Y.2d 666, 336 N.Y.S.2d 902, 1972 N.Y. LEXIS 1096 (N.Y. 1972).

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Opinion

Motion granted and appeal dismissed, without costs, upon the ground that no appeal lies as of right under CPLR 5601 ('subd. [a], par. [i]), since the dissenting opinion at the Appellate [667]*667Division rests only iipon a question of discretion which is not reviewable by the Court of Appeals. (Guaspari v. Gorsky, 29 N Y 2d 891.) The claimed error in the trial court’s charge does not present any reviewable question of law. since no objection was taken thereto at the trial (CPLR 4017, 5501, .subd. [a], par. 3; Guaspari v. Gorsky, 29 N Y 2d 891, supra.)

Application by appellant to enlarge the time within which to make a motion for leave to appeal denied as unnecessary (CPLR 5514, ,subd. [a]).

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Motion granted and appeal dismissed, without costs, upon the ground that no appeal lies as of right under CPLR 5601 ('subd. [a], par. [i]), since the dissenting opinion at the Appellate [667]*667Division rests only iipon a question of discretion which is not reviewable by the Court of Appeals. (Guaspari v. Gorsky, 29 N Y 2d 891.) The claimed error in the trial court’s charge does not present any reviewable question of law. since no objection was taken thereto at the trial (CPLR 4017, 5501, .subd. [a], par. 3; Guaspari v. Gorsky, 29 N Y 2d 891, supra.)

Application by appellant to enlarge the time within which to make a motion for leave to appeal denied as unnecessary (CPLR 5514, ,subd. [a]).

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Bluebook (online)

288 N.E.2d 805, 31 N.Y.2d 666, 336 N.Y.S.2d 902, 1972 N.Y. LEXIS 1096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-jamaica-buses-inc-ny-1972.