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776 SOUTH ORANGE AVE., INC. v. PHOENIX INS. CO.

42 A.D.2d 890 (1973)

776 South Orange Avenue, Inc. v. Phoenix Insurance Company et al

Appellate Division of the Supreme Court of the State of New York, First Department.

September 18, 1973

Under CPLR 5601 (subd. [c]) an appeal may be taken to the Court of Appeals as of right from an order of the Appellate Division granting a new trial where appellant stipulates to judgment absolute upon affirmance. (Matter of Restaurants & Patisseries Longchamps v. O'Connell, 296 N.Y. 239; Miller v. Morse, 10 A.D.2d 598; Cohen & Karger, Powers of the N. Y. Court of Appeals, pp. 289-290; 11 Carmody-Wait 2d, New York Practice...

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