History
  • No items yet
midpage
Winn v. Warren Lumber Co.
11 A.D.2d 713
| N.Y. App. Div. | 1960
|
Check Treatment

In an action to recover moneys alleged to be due and owing, the defendant Michael Friedman appeals from an order of the Supreme Court, Kings County, dated February 3, 1960, denying, without prejudice to renew, his motion to dismiss the complaint on the ground of lack of prosecution. Order affirmed, with $10 costs and disbursements. Although heretofore this court has held (Goldstein v. Park Terrace Caterers, 9 A D 2d 896) that an order denying a motion without prejudice to renewal is not appealable, except in special circumstances, we have re-examined the question and have determined that appeals from such orders may be entertained (Goldstein v. Park Terrace Caterers, 10 A D 2d 880; Reiner v. Kane, 10 A D 2d 885). Beldoek, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

Case Details

Case Name: Winn v. Warren Lumber Co.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 13, 1960
Citation: 11 A.D.2d 713
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.