Legal Opinion
Whitfield v. City of New York
New York Court of Appeals
Decided December 2, 1997PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
This motion for leave to appeal by defendant City of New York presents a recurring finality issue regarding a particular type of conditional order. Specifically involved is the finality of an Appellate Division order reversing a judgment and directing a new trial unless a party stipulates to a different damages award. The fundamental finality problem with such an order is that it is not self-executing. It cannot be given effect immediately, but rather contemplates further action by a party, and possibly by a court, before the result of the appeal taken to the Appellate…
3Cases cited3 opinions
- Sharrow v. Dick Corp.New York Court of Appeals · 1994
- Whitfield v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Gilroy v. American Broadcasting Co.New York Court of Appeals · 1977
4Cited by19 opinions
- Adams v. Genie Industries, Inc.New York Court of Appeals · 2010
- Weigl v. Quincy Specialties Co.New York Supreme Court · 2001
- Batavia Turf Farms, Inc. v. County of GeneseeNew York Court of Appeals · 1998
- Dewey Ballantine LLP v. Philippine National BankAppellate Division of the Supreme Court of the State of New York · 2003
- Free v. Nassau Queens Medical Group, P. C.New York Court of Appeals · 1998
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