Stynes v. Schlesinger

Full title: JOSEPH T. STYNES, Respondent, v. SEYMOUR J. SCHLESINGER et al., Appellants

Court: Supreme Court, Appellate Term, Second Department

Date published: Jan 20, 1960

23 Misc. 2d 920 (N.Y. App. Term 1960)

206 N.Y.S.2d 234

Opinion

January 20, 1960

Appeal from the Nassau County District Court, THOMAS P. FARLEY, J.

Lewis M. Batkin for appellants.

No one appearing for respondent.

Per Curiam.

Appeal from order denying defendants' motion to dismiss the complaint upon the ground that the dismissal of a prior action constituted res judicata, dismissed, without costs. The order is not appealable (Nassau County District Court Act, § 190). Respondent neither appeared nor filed a brief. No opinion.

Concur — HART, DI GIOVANNA and BROWN, JJ.

Appeal dismissed, etc.