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Winn v. Warren Lumber Co.

11 A.D.2d 713, 204 N.Y.S.2d 552, 1960 N.Y. App. Div. LEXIS 9321
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 13, 1960
StatusPublished
Cited by8 cases

This text of 11 A.D.2d 713 (Winn v. Warren Lumber Co.) 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
Winn v. Warren Lumber Co., 11 A.D.2d 713, 204 N.Y.S.2d 552, 1960 N.Y. App. Div. LEXIS 9321 (N.Y. Ct. App. 1960).

Opinion

In an action to recover moneys alleged to be due and owing, the defendant Michael Friedman appeals from an order of the Supreme Court, Kings County, dated February 3, 1960, denying, without prejudice to renew, his motion to dismiss the complaint on the ground of lack of prosecution. Order affirmed, with $10 costs and disbursements. Although heretofore this court has held (Goldstein v. Park Terrace Caterers, 9 A D 2d 896) that an order denying a motion without prejudice to renewal is not appealable, except in special circumstances, we have re-examined the question and have determined that appeals from such orders may be entertained (Goldstein v. Park Terrace Caterers, 10 A D 2d 880; Reiner v. Kane, 10 A D 2d 885). Beldoek, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
11 A.D.2d 713, 204 N.Y.S.2d 552, 1960 N.Y. App. Div. LEXIS 9321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-v-warren-lumber-co-nyappdiv-1960.