Newin Corp. v. Hartford Accident & Indemnity Co.

New York Court of Appeals

Newin Corp. v. Hartford Accident & Indemnity Co.

449 N.E.2d 1268, 59 N.Y.2d 645, 463 N.Y.S.2d 190, 1983 N.Y. LEXIS 3045

DecidedApril 28, 1983

StatusPublished

This text of 449 N.E.2d 1268 (Newin Corp. v. Hartford Accident & Indemnity 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.

Bluebook

Newin Corp. v. Hartford Accident & Indemnity Co., 449 N.E.2d 1268, 59 N.Y.2d 645, 463 N.Y.S.2d 190, 1983 N.Y. LEXIS 3045 (N.Y. 1983).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for consideration of the appeal to it on the merits.

[646]*646Plaintiffs had an appeal as of right to the Appellate Division (CPLR 5701, subd [a], par 2, els [iv], [v]). It was thus error for the Appellate Division to dismiss it as “nonappealable”.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and case remitted to the Appellate Division, First Department, for further proceedings in accordance with the memorandum herein.

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