Central State Bank v. Botwin

I dissent. I do not agree that reversal on the merits is mandated by the record. In any event, the case was decided after trial; the paper appealed from is a decision after trial, not an order; the record does not show the entry of judgment on the decision; and a decision, as such, is not appealable (Bank of Utica v. Castle Ford, 36 A D 2d 6, 10; Zisman v. Leasing Consultants, 35 A D 2d 726; Bastian v. McCoy, 34 A D 2d 994; Cioffi v. City of New York, 14 A D 2d 741, mot. for lv. to app. dsmd. 11 N Y 2d 659; CPLR 5512, 5701; CCA, § 1702).

The majority decision turns on the theory that…