Legal Opinion

Ryals v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 2013Published

1Opinion of the Court

Appeal from decision, Supreme Court, Bronx County (John A. Barone, J.), entered March 12, 2012, which denied plaintiffs motion, pursuant to CPLR 4404 (a), seeking to set aside the verdict and a new trial on the issue of liability, and directed the parties to settle judgment on notice, unanimously dismissed, without costs, as taken from a nonappealable paper.

The appeal is dismissed, as no appeal lies from a decision, or an appealed paper directing the settlement of a judgment (see CPLR 5512 [a]; Gunn v Palmieri, 86 NY2d 830 [1995]; Leser v Penido, 96 AD3d 578 [1st Dept 2012]). Moreover,…

2Cases cited2 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Leser v. PenidoAppellate Division of the Supreme Court of the State of New York · 2012

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