Smalley v. McCarthy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants August McCarthy and Kathleen A. McCarthy appeal from (1) a decision of the Supreme Court, Kings County (Archer, J.), dated October 6, 1997, and (2) an order of the same court, dated October 10, 1997, which, sua sponte, set aside a jury verdict in their favor and ordered a new trial.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
Ordered that on the Court’s own motion, the appellants’ notice of appeal from the…
2Cases cited7 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Kiernan v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1983
- Lester v. JolicofurAppellate Division of the Supreme Court of the State of New York · 1986
- Burns v. MastroianniAppellate Division of the Supreme Court of the State of New York · 1991
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