Legal Opinion

Withers v. State

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

Decided May 15, 1901PublishedCited by 2 opinions

Appeal by the defendant, The State of New York, from an order of the Court of Claims, bearing date the 29th day of January, 1901, and entered in the office of the clerk of said court, denying the defendant’s motion made at the opening of the trial for a dismissal of the complaint.

1Opinion of the Court

Pee Curiam :

In Robinson v. Chinese Association (42 App. Div. 65) an order made upon á trial at Special Term dismissing a complaint upon plaintiff’s opening upon the ground that it did not state a cause of action, was held not appealable. The remedy of the aggrieved party was held to be by appeal from the judgment entered thereupon. Vas Brunt, P. J., writing for a unanimous' court, says: “ It is difficult to see how the ruling of the court upon the trial of this action can be reviewed except upon an appeal from a judgment when such judgment shall be entered. The order appealed from was a mere…

2Cases cited1 opinion

  1. Robinson v. Chinese Charitable & Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Michael v. StateNew York Court of Claims · 1948
  2. De Pasquale v. United Cigar Stores Co.Appellate Division of the Supreme Court of the State of New York · 1918

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