Gamell v. Mount Sinai Hosp

Full title: TRACY GAMELL, an Infant, by Her Guardian ad Litem EUGENE GAMELL, et al.…

Court: Court of Appeals of the State of New York

Date published: Mar 15, 1973

32 N.Y.2d 678 (N.Y. 1973)

343 N.Y.S.2d 359

296 N.E.2d 256

Opinion

Submitted March 5, 1973

Decided March 15, 1973

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD J. McLAUGHLIN, J.

Thomas R. Newman and Norman Bard for motions.

Joseph Kelner opposed.

Motions granted and appeal dismissed, without costs, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution (see Cohen and Karger, Powers of the New York Court of Appeals, § 36). The dismissal is, of course, without prejudice to a motion at the Appellate Division for leave to appeal (CPLR 5514, subd. [a]; CPLR 5602, subd. [b], par. [1]).