Town of Highlands v. Weyant

New York Court of Appeals

Town of Highlands v. Weyant

287 N.E.2d 389, 30 N.Y.2d 948, 335 N.Y.S.2d 699, 1972 N.Y. LEXIS 1152

DecidedJuly 7, 1972

StatusPublished

This text of 287 N.E.2d 389 (Town of Highlands v. Weyant) 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

Town of Highlands v. Weyant, 287 N.E.2d 389, 30 N.Y.2d 948, 335 N.Y.S.2d 699, 1972 N.Y. LEXIS 1152 (N.Y. 1972).

Pincite

Opinion

Appeal dismissed, without costs. There has been no prior trial in this case and, therefore, the order appealed from, directing a trial of the issues, cannot qualify as an order granting a new trial from which an appeal may be taken to this court upon a stipulation for judgment absolute. (N. V. Const., art. VT, § 3, subd. b, par. [3]; CPLR 5601, subd. [c]; see Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284.)

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Appeal dismissed, without costs. There has been no prior trial in this case and, therefore, the order appealed from, directing a trial of the issues, cannot qualify as an order granting a new trial from which an appeal may be taken to this court upon a stipulation for judgment absolute. (N. V. Const., art. VT, § 3, subd. b, par. [3]; CPLR 5601, subd. [c]; see Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284.)

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Bluebook (online)

287 N.E.2d 389, 30 N.Y.2d 948, 335 N.Y.S.2d 699, 1972 N.Y. LEXIS 1152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-highlands-v-weyant-ny-1972.

Opinion

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