Stephansen v. County of Westchester

Appellate Division of the Supreme Court of New York

Stephansen v. County of Westchester

257 A.D. 1050, 13 N.Y.S.2d 633, 1939 N.Y. App. Div. LEXIS 9039

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 1939

StatusPublished

Cited by5 cases

This text of 257 A.D. 1050 (Stephansen v. County of Westchester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stephansen v. County of Westchester, 257 A.D. 1050, 13 N.Y.S.2d 633, 1939 N.Y. App. Div. LEXIS 9039 (N.Y. Ct. App. 1939).

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Opinion

In an action to recover damages for personal injuries and for loss of services, defendants appeal from an order denying their motion to dismiss the amended complaint on the [1051]*1051ground that it fails to state facts sufficient to constitute a cause of action. Appeal dismissed, without costs, and without prejudice to a review of the order in question on an appeal from whatever judgment may be entered on the termination of the trial. The order appealed from was made upon a ruling on the trial and, therefore, is not appealable. (Brauer v. Oceanic Steam Navigation Co., 77 App. Div. 407; Stevens v. Naumburg, 214 id. 94; Jackman v. Hasbrouck, 168 id. 256; Water Right & Electrical Co. Inc., v. Rockland Light & Power Co., 245 id. 739.) Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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In an action to recover damages for personal injuries and for loss of services, defendants appeal from an order denying their motion to dismiss the amended complaint on the [1051]*1051ground that it fails to state facts sufficient to constitute a cause of action. Appeal dismissed, without costs, and without prejudice to a review of the order in question on an appeal from whatever judgment may be entered on the termination of the trial. The order appealed from was made upon a ruling on the trial and, therefore, is not appealable. (Brauer v. Oceanic Steam Navigation Co., 77 App. Div. 407; Stevens v. Naumburg, 214 id. 94; Jackman v. Hasbrouck, 168 id. 256; Water Right & Electrical Co. Inc., v. Rockland Light & Power Co., 245 id. 739.) Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

257 A.D. 1050, 13 N.Y.S.2d 633, 1939 N.Y. App. Div. LEXIS 9039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephansen-v-county-of-westchester-nyappdiv-1939.

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