Gillies Agency, Inc. v. Filor

Full title: GILLIES AGENCY, INC., Respondent, v. HELEN FILOR, Appellant, and ALBERT…

Court: Court of Appeals of the State of New York

Date published: Apr 26, 1973

32 N.Y.2d 759 (N.Y. 1973)

344 N.Y.S.2d 952

298 N.E.2d 115

Opinion

Submitted April 2, 1973

Decided April 26, 1973

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. DONOHOE, J.

Clarence A. Baracks for motion.

Margrethe R. Powers opposed.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the dissent at the Appellate Division is not upon a question of law in favor of appellant (CPLR 5601, subd. [a], par. [i]). Where it is equivocal whether a dissent rests upon disagreement in fact or law, the dissent is not on a question of law within the meaning of CPLR 5601 (subd. [a]).