Press v. A. A. Truck Renting Corp.

Appellate Division of the Supreme Court of New York

Press v. A. A. Truck Renting Corp.

26 A.D.2d 585, 272 N.Y.S.2d 728, 1966 N.Y. App. Div. LEXIS 3892

Appellate Division of the Supreme Court of the State of New York·Decided June 27, 1966·Published·Cited by 2 cases

Opinion

In a negligence action to recover, damages for personal injury, plaintiff appeals from an “ order ” of the Supreme Court, Queens County, dated December 23, 1965, which, upon the court’s own motion, stated that a general preference in trial was not warranted. Appeal dismissed, with $10 costs and disbursements. The paper containing the ex parte decision is not an order appealable as of right (CPLR 5701, subd. [a]; Kirzon v. Marcus Corp., 18 A D 2d 906). Had an appeal been properly before us, we would have affirmed the disposition below on the merits. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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In a negligence action to recover, damages for personal injury, plaintiff appeals from an “ order ” of the Supreme Court, Queens County, dated December 23, 1965, which, upon the court’s own motion, stated that a general preference in trial was not warranted. Appeal dismissed, with $10 costs and disbursements. The paper containing the ex parte decision is not an order appealable as of right (CPLR 5701, subd. [a]; Kirzon v. Marcus Corp., 18 A D 2d 906). Had an appeal been properly before us, we would have affirmed the disposition below on the merits. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

Press v. A. A. Truck Renting Corp., 26 A.D.2d 585, 272 N.Y.S.2d 728, 1966 N.Y. App. Div. LEXIS 3892 (N.Y. Ct. App. 1966).

Pincite

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Opinion

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