From Casetext: Smarter Legal Research

Matter of Gailband v. Christian

Court of Appeals of the State of New York
Jan 8, 1981
52 N.Y.2d 862 (N.Y. 1981)

Opinion

Submitted December 15, 1980

Decided January 8, 1981


(A) Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution (cf. Matter of F.J. Zeronda, Inc. v Town Bd. of Town of Halfmoon, 37 N.Y.2d 198).

(B) Cross motion to dismiss appeal taken as of right granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that the stipulation for judgment absolute, under the facts of this case, is illusory and frustrates the very purpose of CPLR 5601 (subd [c]) (Goldberg v Elkom Co., 36 N.Y.2d 914).


Summaries of

Matter of Gailband v. Christian

Court of Appeals of the State of New York
Jan 8, 1981
52 N.Y.2d 862 (N.Y. 1981)
Case details for

Matter of Gailband v. Christian

Case Details

Full title:In the Matter of LAURENCE GAILBAND, Respondent, v. JOSEPH J. CHRISTIAN, as…

Court:Court of Appeals of the State of New York

Date published: Jan 8, 1981

Citations

52 N.Y.2d 862 (N.Y. 1981)
437 N.Y.S.2d 78
418 N.E.2d 671