Hyperlawhypertext legal database Miner v. Long Island Lighting Co. 40 N.Y.2d 842

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Miner v. Long Island Lighting Co.

40 N.Y.2d 842 Court N.Y. Decision date 1976-09-21 English

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p. 842
Linda Miner, Individually and as Administratrix of the Estate of Edward Miner, Deceased, Appellant, v Long Island Lighting Company, Defendant-Respondent and Third-Party Plaintiff. Floral Park Landscaping Co., Inc., Third-Party Defendant-Respondent.
Submitted September 7, 1976;
decided September 21, 1976

Motion for permission to apply to the Appellate Division for resettlement of that court’s order herein, and for a stay, etc., granted to the extent said application may be made no later than 20 days from the date hereof, and the Court of Appeals’ order directing a new trial is stayed pending determination of such application by the Appellate Division; motion otherwise

p. 843
denied without prejudice to a new motion for amendment of the Court of Appeals’ remittitur in the event of a resettlement by the Appellate Division of its order. In granting this relief, we neither have nor express a position on the motion for resettlement, the merits of which, of course, are solely for consideration by the Appellate Division. [See 40 NY2d 372 .]

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