Juszczak v. City of New York

Full title: STEFAN JUSZCZAK, an Infant, by ADAM JUSZCZAK, His Guardian ad Litem, et…

Court: Court of Appeals of the State of New York

Date published: Jun 10, 1976

39 N.Y.2d 909 (N.Y. 1976)

386 N.Y.S.2d 401

352 N.E.2d 588

Opinion

Decided June 10, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Nathan Schwartz for appellants.

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the Appellate Division order granting a new trial did not "necessarily affect" the final judgment as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 N.Y.2d 685 [and cases cited therein]; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).