Stanley Electrical Service, Inc. v. City of New York

New York Court of Appeals

Stanley Electrical Service, Inc. v. City of New York

224 N.E.2d 902, 19 N.Y.2d 629, 278 N.Y.S.2d 412, 1967 N.Y. LEXIS 1803

CourtNew York Court of Appeals

DecidedJanuary 19, 1967

StatusPublished

Cited by1 cases

This text of 224 N.E.2d 902 (Stanley Electrical Service, Inc. v. City of New York) 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

Stanley Electrical Service, Inc. v. City of New York, 224 N.E.2d 902, 19 N.Y.2d 629, 278 N.Y.S.2d 412, 1967 N.Y. LEXIS 1803 (N.Y. 1967).

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Opinion

Motion dismissed, with $10 costs. An appeal lies as a matter of right from that portion of the order which unanimously affirms the dismissal of appellant’s first cross claim, based on its alleged mechanic’s lien. By reason of the modification as to the fourth cross claim, an appeal lies as of right from any [631]*631portion of the order by which appellant is aggrieved and which is final for purposes of appeal. Since a part of this order is final, viz., the affirmance of the dismissal of the first cross claim, this part may be appealed as of right. As to the three remaining cross claims, no appeal may be taken since the granting of a stay pending the outcome of other related litigation results in a nonfinal determination within the meaning of the State Constitution and the Civil Practice Law and Rules. (See Cohen and Karger, Powers of the New York Court of Appeals, § 50, pp. 220-225; § 21; Palmer v. New York Herald Co., 254 N. Y. 563 [1930]; McKenzie v. Irving Trust Co., 291 N. Y. 722 [1943]; Avery v. Avery, 263 N. Y. 667 [1934].)

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Motion dismissed, with $10 costs. An appeal lies as a matter of right from that portion of the order which unanimously affirms the dismissal of appellant’s first cross claim, based on its alleged mechanic’s lien. By reason of the modification as to the fourth cross claim, an appeal lies as of right from any [631]*631portion of the order by which appellant is aggrieved and which is final for purposes of appeal. Since a part of this order is final, viz., the affirmance of the dismissal of the first cross claim, this part may be appealed as of right. As to the three remaining cross claims, no appeal may be taken since the granting of a stay pending the outcome of other related litigation results in a nonfinal determination within the meaning of the State Constitution and the Civil Practice Law and Rules. (See Cohen and Karger, Powers of the New York Court of Appeals, § 50, pp. 220-225; § 21; Palmer v. New York Herald Co., 254 N. Y. 563 [1930]; McKenzie v. Irving Trust Co., 291 N. Y. 722 [1943]; Avery v. Avery, 263 N. Y. 667 [1934].)

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Bluebook (online)

224 N.E.2d 902, 19 N.Y.2d 629, 278 N.Y.S.2d 412, 1967 N.Y. LEXIS 1803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-electrical-service-inc-v-city-of-new-york-ny-1967.

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