Hyperlawhypertext legal databasebeta Town of Highlands v. Weyant 30 N.Y.2d 948

← Cases

Town of Highlands v. Weyant

30 N.Y.2d 948 Court N.Y. Decision date 1972-07-07 English

Contents

Majority

p. 948
In the Matter of the Town of Highlands et al., Respondents, v. King J. Weyant et al., Constituting the Board of Trustees of the Village of Highland Falls, et al., Appellants.
Argued June 5, 1972;
decided July 7, 1972.
p. 949
Howard C. Nolan, Jr. and Roland M. Cavalier for appellants.
Myron I. Mandel and William J. Haft for respondents.

Appeal dismissed, without costs. There has been no prior trial in this case and, therefore, the order appealed from, directing a trial of the issues, cannot qualify as an order granting a new trial from which an appeal may be taken to this court upon a stipulation for judgment absolute. (N. V. Const., art. VT, § 3, subd. b, par. [3]; CPLR 5601, subd. [c]; see Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284.)