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Lacharite v. Ducatte

4 N.Y.2d 700 Court N.Y. Decision date 1958-01-09 English

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p. 700
Guy Lacharite, Appellant, v. Emmett J. Ducatte, Respondent.
Submitted January 6, 1958;
decided January 9, 1958..
p. 701
Orville B. Burnt for motion.
No one opposed.

Motion by appellant granted and appeal dismissed. The order appealed from directs a trial where there never had been a trial. In the absence of permission by the Appellate Division to appeal upon one or more certified questions, an appeal to this court does not lie (N. T. Const., art. VI, § 7, subd. [3]; Civ. Prac. Act, § 588, subd. 3; Matter of Schenfeld v. Lawlor, 307 N. Y. 916 ; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284). In view of this dismissal, application for a stay denied.

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