16 N.Y.2d 614, Platt v. Tenenbaum

• Citation: 16 N.Y.2d 614, 261 N.Y.S.2d 66
• Party Name: Platt v. Tenenbaum
• Case Date: May 20, 1965
• Court: New York Court of Appeals

Page 614

16 N.Y.2d 614

261 N.Y.S.2d 66

Phyllis PLATT, Appellant,

v.

Jeanne TENENBAUM, Respondent.

New York Court of Appeals

May 20, 1965.

Motion for leave to appeal from Supreme Court, Appellate Division, First Judicial Department, 23 A.D.2d 723, 258 N.Y.S.2d 325.

From an order of the Supreme Court at Special Term in New York County, Aurelio, J., denying a motion to vacate dismissal of complaint for failure to prosecute, plaintiff appealed.

The Appellate Division affirmed, and plaintiff moved for leave to appeal.

Page 615

Motion for leave to appeal dismissed, with ten dollars costs, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution and in addition, involves non-reviewable discretion (Keller v. United States Lines, 15 N.Y.2d 908, 258 N.Y.S.2d 644, 206 N.E.2d 651).