Fishman v. Manhattan & Bronx Surface Transit Operating Authority, 78 N.Y.2d 878

Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that the Appellate Division does not have the power to grant leave to appeal on a certified question from an order granting a new trial (see, CPLR 5601 [c]; 5602 [b] [1]; Mundt v Glokner, 160 NY 571), without prejudice to any right plaintiff may have to take an appeal pursuant to CPLR 5601 (c), if he be so advised.

Case Details

Case Name: Fishman v. Manhattan & Bronx Surface Transit Operating Authority

Court Name: New York Court of Appeals

Date Published: Jun 4, 1991

Citations: 78 N.Y.2d 878; 577 N.E.2d 59; 573 N.Y.S.2d 68; 1991 N.Y. LEXIS 852

Court Abbreviation: NY