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FEDERAL NATIONAL MORTGAGE ASSOCIATION v. JAMES R. COSGROVE ET AL. (11/21/68)

COURT OF APPEALS OF NEW YORK


decided: November 21, 1968.

FEDERAL NATIONAL MORTGAGE ASSOCIATION, RESPONDENT,
v.
JAMES R. COSGROVE ET AL., APPELLANTS

Motion to dismiss an appeal, taken allegedly on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered September 13, 1968, which (1) granted a motion by plaintiff to dismiss, for failure to prosecute, appeals taken by defendants from orders of the Supreme Court, entered in Nassau County, granting motions by plaintiff (a) to vacate defendants' demand for a bill of particulars and (b) for summary judgment in favor of plaintiff, and (2) denied a motion by defendants for a further enlargement of time to perfect said appeals and for leave to submit the original papers in lieu of the printed record.

Motion granted and appeal dismissed, without costs, upon the grounds (1) that the Appellate Division order, insofar as it dismissed the appeal from the order of the Supreme Court, Nassau County, granting respondent's motion to vacate appellants' demand for a bill of particulars, is non-final and, hence, not appealable to the Court of Appeals, and (2) that, with respect to the Appellate Division's dismissal of the appeal from the order of the Supreme Court, Nassau County, granting respondent summary judgment, no substantial constitutional question is directly involved.

19681121

© 1998 VersusLaw Inc.



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