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Nelson v. Jamaica Buses, Inc.

31 N.Y.2d 666 Court N.Y. Decision date 1972-09-28 English

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p. 666
Magaly Nelson, an Infant, by Her Mother and Natural Guardian, Gloria La Forte, et al., Appellants, v. Jamaica Buses, Inc., Respondent.
Submitted September 11, 1972;
decided September 28, 1972.
Burton S. Cooper and Sheldon Rudoff for motion.
William Kupferberg opposed.

Motion granted and appeal dismissed, without costs, upon the ground that no appeal lies as of right under CPLR 5601 ('subd. [a], par. [i]), since the dissenting opinion at the Appellate

p. 667
Division rests only iipon a question of discretion which is not reviewable by the Court of Appeals. (Guaspari v. Gorsky, 29 N Y 2d 891 .) The claimed error in the trial court’s charge does not present any reviewable question of law. since no objection was taken thereto at the trial (CPLR 4017, 5501, .subd. [a], par. 3; Guaspari v. Gorsky, 29 N Y 2d 891 , supra.)

Application by appellant to enlarge the time within which to make a motion for leave to appeal denied as unnecessary (CPLR 5514, ,subd. [a]).

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