MAYNARD v. GREENBERG


82 N.Y.2d 913 (1994)

631 N.E.2d 117

609 N.Y.S.2d 175

Patricia Maynard, Respondent, v. Bernice Greenberg, Individually and as Executrix of The Estate of Herbert Greenberg, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided January 18, 1994.


Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, New York City (Keith D. Silverstein of counsel), for appellant.

M. Bruce Solomon, New York City, for respondent.

Judge TITONE taking no part.


MEMORANDUM.

The appeal should be dismissed, without costs, by the Court sua sponte, upon the ground that the State Constitution (art VI, § 3 [b] [3], [4]) and the CPLR (CPLR 5601 [c]; 5602 [b] [1]) do not authorize a grant of leave to the defendant on a certified question in these circumstances.

In this action, the Appellate Division reversed a judgment of Supreme Court, rendered after a nonjury trial...

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