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Brito v. Manhattan & Bronx Surface Transit Operating Authority

81 N.Y.2d 993 Court N.Y. Decision date 1993-05-06 English

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p. 993
Teresa Brito, as Guardian ad Litem of Joao Brito, et al., Appellants, v Manhattan and Bronx Surface Transit Operating Authority et al., Respondents.
Submitted February 22, 1993;
decided May 6, 1993

Motion to dismiss appeal granted and appeal dismissed, with $400 costs and $100 costs of motion, 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 ; Fishman v Manhattan & Bronx Surface Tr. Operating Auth., 78 NY2d 878 ).

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