Legal Opinion

Banner Milling Co. v. State

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1924PublishedCited by 3 opinions

1Opinion of the Court

Judgement amended by striking therefrom the 7th paragraph as not a proper part of the judgment and as so amended the judgment is affirmed, with costs against the claimant. The appeal of the State of New York is dismissed, without costs, on the ground that no appeal lies from a decision (Gilmore v. Ham, 61 Hun, 1; affd., 133 N. Y. 664; Spies v. Munroe, 35 App. Div. 527; Gabay v. Doane, 66 id. 507; Court of Claims Act, § 29), nor from a finding of fact (Reich v. Cochran, 196 App. Div. 248, 254). All concur; Hubbs, P. J., not sitting.

2Cases cited2 opinions

  1. Spies v. MunroeAppellate Division of the Supreme Court of the State of New York · 1898
  2. Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by3 opinions

  1. In re City of New YorkNew York Supreme Court · 1936
  2. Sowma v. StateNew York Court of Claims · 1953
  3. Smith v. PeopleAppellate Division of the Supreme Court of the State of New York · 1959