Miller v. Morse

Full title: JOHN J. MILLER, Appellant, v. ROBERT MORSE, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 13, 1960

10 A.D.2d 598 (N.Y. App. Div. 1960)

Opinion

January 13, 1960

Present — Williams, P.J., Bastow, Goldman and Halpern, JJ.

Motion for leave to appeal to the Court of Appeals upon a certified question denied. Memorandum: Since a new trial was ordered, there is a right to appeal by stipulation for judgment absolute. This court is without power to grant leave to appeal upon a certified question under these circumstances. ( Matter of Restaurants Patisseries Longchamps v. O'Connell, 296 N.Y. 239; Matter of Loewy v. Binghamton Housing Auth., 4 N.Y.2d 1036; see Cohen Karger, Powers of the New York Court of Appeals, pp. 289-290.)