R. & S. Realty Co. v. Herman

New York Court of Appeals

R. & S. Realty Co. v. Herman

187 N.E.2d 800, 12 N.Y.2d 880

DecidedDecember 31, 1962

StatusPublished

This text of 187 N.E.2d 800 (R. & S. Realty Co. v. Herman) 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

R. & S. Realty Co. v. Herman, 187 N.E.2d 800, 12 N.Y.2d 880 (N.Y. 1962).

Pincite

Opinion

Appeal dismissed, with costs, upon the ground that the order appealed from is an intermediate order reversing an order of Special Term and granting a new hearing. An appeal from such an order lies only upon the filing of a stipulation for order absolute (N. Y. Const., art. VI, § 3, subd. b, par. [3]; Civ. Prac. Act, § 588, subd. 3) or by permission of the Court of Appeals (Civ. Prac. Act, § 589, subd. 2). (Cf. Matter of Weiss v. Herman, 12 N Y 2d 879, decided herewith.) We do not read the 1961 amendment to the Emergency Housing Rent Control Law (§ 9, subd. 2, as amd. by L. 1961, ch. 337) as creating an appeal as of right to the Court of Appeals.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal dismissed, with costs, upon the ground that the order appealed from is an intermediate order reversing an order of Special Term and granting a new hearing. An appeal from such an order lies only upon the filing of a stipulation for order absolute (N. Y. Const., art. VI, § 3, subd. b, par. [3]; Civ. Prac. Act, § 588, subd. 3) or by permission of the Court of Appeals (Civ. Prac. Act, § 589, subd. 2). (Cf. Matter of Weiss v. Herman, 12 N Y 2d 879, decided herewith.) We do not read the 1961 amendment to the Emergency Housing Rent Control Law (§ 9, subd. 2, as amd. by L. 1961, ch. 337) as creating an appeal as of right to the Court of Appeals.

Cite This Page — Counsel Stack

Bluebook (online)

187 N.E.2d 800, 12 N.Y.2d 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-s-realty-co-v-herman-ny-1962.