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Dobro v. Village of Sloan

37 N.Y.2d 804 Court N.Y. Decision date 1975-09-18 English

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p. 804
Frank J. Dobro, Sr., as Administrator of the Estate of Frank J. Dobro, Jr., Respondent, v Village of Sloan et al., Defendants, and Norfolk and Western Railway Company et al., Appellants.
Decided September 18, 1975
p. 805
Grover R. James, Jr., for appellants.

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the Appellate Division may not grant leave to appeal from an order granting a new trial (CPLR 5602, subd [b], par 1; see Cohen and Karger, Powers of the New York Court of Appeals, § 65, pp 289-291; 7 Weinstein-Korn-Miller, NY Civ Prac, par 5602.08; 11 Carmody-Wait 2d, New York Practice, § 71:33).