From Casetext: Smarter Legal Research

Long Park v. Trenton-New Brunswick Theatres Company

Court of Appeals of the State of New York
Jun 3, 1949
299 N.Y. 718 (N.Y. 1949)

Opinion

Argued May 23, 1949

Decided June 3, 1949

Appeal from the Supreme Court, Appellate Division, First Department, LEVEY, J.

Harry Rodwin, Monroe Goldwater and Bernard Katz for appellants.

Solomon Goodman and John J. Cutroneo for respondent.


That portion of the order which affirms the order of Special Term granting the reference, affirmed, with costs. First question certified answered in the affirmative. The appeal from the remaining portion of the order which affirms the order of Special Term denying resettlement of the order of reference, dismissed. In the absence of any statement in the order of the Appellate Division that its decision was based solely on questions of law and not in the exercise of discretion, we are required to presume that the contrary was the fact (Civ. Prac. Act, § 603). The appeal is dismissed on the ground that the second question of law certified is not decisive of the correctness of so much of the order appealed from as relates to the denial of the resettlement. (Civ. Prac. Act, § 589, subd. 3, par. [b]; see Mencher v. Chesley, 297 N.Y. 94, 102; Evadan Realty Corp. v. Patterson, 297 N.Y. 732, 734; Langan v. First Trust Deposit Co., 296 N.Y. 60, 61.) No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ.


Summaries of

Long Park v. Trenton-New Brunswick Theatres Company

Court of Appeals of the State of New York
Jun 3, 1949
299 N.Y. 718 (N.Y. 1949)
Case details for

Long Park v. Trenton-New Brunswick Theatres Company

Case Details

Full title:LONG PARK, INC., Suing for Itself and All Other Stockholders of…

Court:Court of Appeals of the State of New York

Date published: Jun 3, 1949

Citations

299 N.Y. 718 (N.Y. 1949)
87 N.E.2d 126

Citing Cases

Shoe Corp. of America v. Comm'r of Internal Revenue

With few exceptions, attorneys' fees and other expenses incurred by successful litigants in actions involving…