Legal Opinion

Central Trust Co. v. Pittsburg, Shawmut & Northern Railroad

New York Court of Appeals

Decided May 7, 1920Published

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 18, 1919, reversing, upon the facts, an order of Special Term, and remitting the matter to the Special Term to take such further proof upon the questions involved in the proceeding as either party might desire to submit. Respondent contended that the order appealed from was not'final and, therefore, not appealable, as of right, to the Court of Appeals.

1Opinion of the Court

Appeal dismissed, with costs, on authority of Central Trust Company v. Pittsburg, Shawmut & Northern R. R. Co. (229 N. Y. 68).

Concur: His cock, Ch. J., Collin; Cardozo, Pound and Crane, JJ. Dissent: Chase, J., on memoranda filed in said case, with whom Andrews, J., concurs.

2Cases cited1 opinion

  1. Central Trust Co. v. Pittsburgh, Shawmut & Northern RailroadNew York Court of Appeals · 1920