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Morais v. Richard

Supreme Court, Appellate Term, Second Department
May 23, 1961
32 Misc. 2d 658 (N.Y. App. Term 1961)

Opinion

May 23, 1961

Appeal from the District Court of the County of Nassau, FRANK A. VICONE, J.

Marchese Alexander ( Robert C. Alexander of counsel), for appellant.

Dorfman Quient for respondent.


Appeal from order dismissing complaint and third-party complaint at the close of plaintiff's case, dismissed, without costs. The order is not appealable. (Nassau County District Court Act, § 190.) The proper procedure is to appeal from any judgment which may be entered herein. Furthermore, plaintiff is not an aggrieved party in respect to the dismissal of the third-party complaint. ( Lopoczyk v. McIntyre, 9 A.D.2d 690.)

Concur — HART, BROWN and BENJAMIN, JJ.

Appeal dismissed, etc.


Summaries of

Morais v. Richard

Supreme Court, Appellate Term, Second Department
May 23, 1961
32 Misc. 2d 658 (N.Y. App. Term 1961)
Case details for

Morais v. Richard

Case Details

Full title:ELMER MORAIS, Doing Business as DEPENDABLE AUTOMATIC TRANSMISSIONS…

Court:Supreme Court, Appellate Term, Second Department

Date published: May 23, 1961

Citations

32 Misc. 2d 658 (N.Y. App. Term 1961)
227 N.Y.S.2d 779

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