Legal Opinion
Lusenskas v. Axelrod
New York Court of Appeals
Decided May 11, 1993PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this action to recover damages for personal injury, defendants appeal pursuant to CPLR 5601 (c) from an order of the Appellate Division which reversed a judgment entered on a jury verdict for defendants and ordered a new trial. Defendants stipulate that, in the event of an affirmance, judgment absolute shall be entered against them on the issue of liability only. Thus, even if judgment absolute were entered against defendants, a trial to assess damages would still be required.
Under CPLR 5601 (c) an appeal to this Court will lie from a nonfinal order of the Appellate…
3Cases cited3 opinions
- Brown v. PoritzkyNew York Court of Appeals · 1972
- Goldberg v. Elkom Co.New York Court of Appeals · 1975
- Miller v. PerilloNew York Court of Appeals · 1980
4Cited by23 opinions
- People v. RudolphNew York Court of Appeals · 2013
- Scherrer v. Time Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- O'Connell v. KavanaghAppellate Division of the Supreme Court of the State of New York · 1997
- O'Grady v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Evvtex Co., Inc. v. Hartley Cooper Associates LimitedCourt of Appeals for the Second Circuit · 1996
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