Categories: Court of Appeals Opinions

WHITE v. CITY OF NEW YORK, 302 N.Y. 726 (1951)

98 N.E.2d 591

JOHN F. WHITE, as Administrator of the Estate of DONALD J. WHITE, Deceased, Appellant, v. CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.Argued March 1, 1951
Decided April 5, 1951

Page 727

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

Page 728

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

John P. McGrath, Corporation Counsel (Fred Iscol an 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.

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