White v. City of New York

Full title: JOHN F. WHITE, as Administrator of the Estate of DONALD J. WHITE…

Court: Court of Appeals of the State of New York

Date published: Apr 5, 1951

98 N.E.2d 591 (N.Y. 1951)

98 N.E.2d 591

Opinion

Argued March 1, 1951

Decided April 5, 1951

Appeal from the Supreme Court, Appellate Division, Second Department, STODDART, J.

Benjamin H. Siff and Sidney R. Siben for appellant.

John P. McGrath, Corporation Counsel ( Fred Iscol and Seymour B. Quel of counsel), for respondent.

Order of the Appellate Division, insofar as it reverses the order of the Special Term permitting service of a new notice of claim, affirmed. Appeal from the order of the Appellate Division, insofar as it reverses the order of the Special Term permitting discontinuance of the action, dismissed on the ground that that part of the order does not finally determine the action within the meaning of the Constitution. No costs. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE. FULD and FROESSEL, JJ.