Legal Opinion

Cobb v. Kittinger

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

Decided December 21, 1990No. Appeal No. 1PublishedCited by 16 opinions

1Opinion of the Court

— Appeal from order, insofar as it reserved decision on defendants’ motions for summary judgment, unanimously dismissed, and order otherwise affirmed with costs. Memorandum: Defendants moved for summary judgment dismissing plaintiffs complaint, and appeal from orders which directed that plaintiff conduct examinations before trial of defendants within 30 days, and which otherwise reserved decision on the summary judgment motions pending completion of the examinations before trial.

To the extent that the order reserved decision, it is not appealable (CPLR 5701 [a] [2]), and we find no error in…

2Cases cited2 opinions

  1. Milone v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Sarratori v. ParkAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by16 opinions

  1. Bennett v. Wells CollegeAppellate Division of the Supreme Court of the State of New York · 1996
  2. Kimmel v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  3. Juhasz v. JuhaszAppellate Division of the Supreme Court of the State of New York · 2009
  4. Barr v. Country Motor Car Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Clark v. Town of ScribaAppellate Division of the Supreme Court of the State of New York · 2001

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