Weisent v. City of New York

Full title: JOHN J. WEISENT, Respondent, v. CITY OF NEW YORK, Appellant

Court: Court of Appeals of the State of New York

Date published: May 15, 1968

22 N.Y.2d 670 (N.Y. 1968)

291 N.Y.S.2d 364

238 N.E.2d 753

Opinion

Submitted April 15, 1968

Decided May 15, 1968

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JACOB J. SCHWARTZWALD, J.

J. Lee Rankin, Corporation Counsel, for appellant.

Weinstein, Chayt Bard for respondent.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that appellant, having been partially successful in the Appellate Division, may not appeal to this court as a matter of right upon a stipulation for judgment absolute pursuant to CPLR 5601 (subd. [c]). ( Langer v. Amalgamated Mut. Auto. Cas. Co., 9 N.Y.2d 787; Fiscella v. Nassau Term. Bowling Alleys, 3 N.Y.2d 794; Anchin, Block Anchin v. Pennsylvania Coal Coke Corp., 308 N.Y. 985.)