Tribolati v. Lippman

Appellate Division of the Supreme Court of New York

Tribolati v. Lippman

24 A.D.2d 769, 264 N.Y.S.2d 6, 1965 N.Y. App. Div. LEXIS 3181

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1965·Published·Cited by 2 cases

Opinion

In an action to recover damages for wrongful death, plaintiff appeals from an order of the Supreme Court, Kings County, entered May 8, 1964 upon the granting of a motion made at the trial of the action by the defendants Irwin Kallman and Bookazine Company, Inc., which dismissed the complaint as to said defendants. Appeal dismissed, with $30 costs and disbursements to said defendants. The order is nonappealable (CPLR 5701). However, we have examined the record and briefs and conclude that, had the merits been properly before us, we would affirm. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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In an action to recover damages for wrongful death, plaintiff appeals from an order of the Supreme Court, Kings County, entered May 8, 1964 upon the granting of a motion made at the trial of the action by the defendants Irwin Kallman and Bookazine Company, Inc., which dismissed the complaint as to said defendants. Appeal dismissed, with $30 costs and disbursements to said defendants. The order is nonappealable (CPLR 5701). However, we have examined the record and briefs and conclude that, had the merits been properly before us, we would affirm. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

Tribolati v. Lippman, 24 A.D.2d 769, 264 N.Y.S.2d 6, 1965 N.Y. App. Div. LEXIS 3181 (N.Y. Ct. App. 1965).

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