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Cobb v. Kittinger

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 923 (N.Y. App. Div. 1990)

Opinion

December 21, 1990

Appeal from the Supreme Court, Chautauqua County, Ricotta, J.

Present — Dillon, P.J., Doerr, Green, Pine and Davis, JJ.


Appeal from order, insofar as it reserved decision on defendants' motions for summary judgment, unanimously dismissed, and order otherwise affirmed with costs. Memorandum: Defendants moved for summary judgment dismissing plaintiff's complaint, and appeal from orders which directed that plaintiff conduct examinations before trial of defendants within 30 days, and which otherwise reserved decision on the summary judgment motions pending completion of the examinations before trial.

To the extent that the order reserved decision, it is not appealable (CPLR 5701 [a] [2]), and we find no error in the remainder of the order (see, Sarratori v. Park, 97 A.D.2d 958; Milone v. General Motors Corp., 93 A.D.2d 999).


Summaries of

Cobb v. Kittinger

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 923 (N.Y. App. Div. 1990)
Case details for

Cobb v. Kittinger

Case Details

Full title:STEPHEN A. COBB, Respondent, v. AARON L. KITTINGER, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 21, 1990

Citations

168 A.D.2d 923 (N.Y. App. Div. 1990)
564 N.Y.S.2d 888

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