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Fishman v. Manhattan & Bronx Surface Transit Operating Authority

78 N.Y.2d 878 Court N.Y. Decision date 1991-06-04 English

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p. 878
Lester Fishman, as Preliminary Executor of Arthur Lesser, Deceased, Appellant, v Manhattan and Bronx Surface Transit Operating Authority, Respondent.
Submitted February 11, 1991;
decided June 4, 1991

Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that the Appellate Division does not have the power to grant leave to appeal on a certified question from an order granting a new trial (see, CPLR 5601 [c]; 5602 [b] [1]; Mundt v Glokner, 160 NY 571 ), without prejudice to any right plaintiff may have to take an appeal pursuant to CPLR 5601 (c), if he be so advised.

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