Schenfeld v. Lawlor
This text of 123 N.E.2d 569 (Schenfeld v. Lawlor) 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 the absence of permission by the Appellate Division to appeal upon one or more certified questions, this appeal must be dismissed, since the order appealed from is not one for a new hearing in place of an old hearing, but directs a hearing to be had for the first time (Oiv. Prac. Act, § 588, subd. 3; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).
The appeal should be dismissed, with costs.
Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ., concur; Van Voorhis, J., taking no part.
Appeal dismissed.
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Cite This Page — Counsel Stack
123 N.E.2d 569, 307 N.Y. 916, 1954 N.Y. LEXIS 1599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schenfeld-v-lawlor-ny-1954.