Goldberg v. F.W. Woolworth Co.

This is an attempt by the defendant to obtain Appellate Division review of the trial court’s denial of the defendant’s motion to dismiss. The plaintiff has filed a motion to dismiss the defendant’s appeal on the grounds, inter alia, that it is interlocutory and that the defendant has failed to prosecute the appeal by filing a written brief to this Division.

Although the defendant filed a draft report which was settled by the motion judge, the appeal is clearly interlocutory in nature and prematurely before this Division.

It is elementary that there is no right to immediate appellate review of…