# Brown v. Schneider

> New York Court of Appeals · February 26, 1970 · 26 N.Y.2d 839

URL: https://www.frixlaw.com/law-library/cases/5525698

## Case

- **Full name:** Arthur Brown v. Elmer J. Schneider, Amos J. Brown
- **Court:** New York Court of Appeals
- **Decided:** February 26, 1970
- **Citations:** 26 N.Y.2d 839; 309 N.Y.S.2d 588; 258 N.E.2d 86; 1970 N.Y. LEXIS 1498
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5525698

## Opinion text

Motion dismissed, with $10 costs and necessary printing disbursements, in the following memorandum: The motion for leave to appeal should be dismissed, upon the ground that there is no direct appeal by leave of court from the order (denominated a judgment) sought to be appealed from (cf. CPLE 5602, subd. [a]). Moreover, an appeal as of right does not lie because there is involved no challenge of a statute on constitutional grounds, nor does the order (denominated a judgment) sought to be appealed from finally determiné an action within the meaning of the Constitution (CPLE 5601, subd. [b], par. 2). If in fact there was an appeal perfected to the Appellate Division from the order of the Supreme Court denying the motion for a new trial (denominated a motion for a mistrial), then the Appellate Division had power, in the sense of jurisdiction over the litigant, to entertain the appeal (CPLE 5701, subd. [a], par. 2, cl. [iii] ; see, also, 7 Weinstein-Eorn-Miller, N. Y. Civ. Prac., par. 5701.12). [See 25 N Y 2d.903.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5525698. Public record. Not legal advice.