Shanahan v. Orenstein

Full title: EDMUND SHANAHAN, Individually and as Administrator of the Estate of…

Court: Court of Appeals of the State of New York

Date published: Nov 30, 1976

40 N.Y.2d 985 (N.Y. 1976)

390 N.Y.S.2d 927

359 N.E.2d 435

Opinion

Decided November 30, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HARRY KRAF, J.

George J. Siracuse for appellant.

Appeal from the Appellate Division order, entered September 23, 1976, which dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order does not finally determine the action within the meaning of the Constitution and is not reviewable by the Court of Appeals; appeal from the Appellate Division order, entered May 13, 1976, dismissed, without costs, by the Court of Appeals sua sponte upon the ground that it is not a final order and, to the extent that the appellant is aggrieved thereby (Cohen and Karger, Powers of the New York Court of Appeals, § 62, p 281), it does not order a new trial within the meaning of the Constitution (Cohen and Karger, Powers of the New York Court of Appeals, § 63, pp 283-284).