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WHITFIELD v. CITY OF NEW YORK

90 N.Y.2d 777 (1997)

689 N.E.2d 515

666 N.Y.S.2d 545

Gary Whitfield, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Janet L. Zaleon and Barry P. Schwartz of counsel), for appellant.

Leon D. Lazer, Melville, Zachary Murdock and Regina L. Darby, New York City, for respondent.

Per Curiam.

This motion for leave to appeal by defendant City of New York presents a recurring finality issue regarding a particular type of conditional order. Specifically involved is the finality of an Appellate Division order reversing a judgment and directing a new trial unless a party stipulates to a different damages award. The fundamental finality problem with such an order is that it is not self-executing. It cannot...

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