Sande Rocke and Co. v. Rosen

• Decision Date: 20 May 1965
• Citation: 261 N.Y.S.2d 66,16 N.Y.2d 615
• Parties: , 209 N.E.2d 111 SANDE ROCKE AND COMPANY, Inc., Appellant, v. Joseph ROSEN, by Lillian Rosen, his Guardian ad Litem, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 66

261 N.Y.S.2d 66

16 N.Y.2d 615, 209 N.E.2d 111

SANDE ROCKE AND COMPANY, Inc., Appellant, v. Joseph ROSEN, by Lillian Rosen, his Guardian ad Litem, Respondent.

Court of Appeals of New York.

May 20, 1965.

Appeal from Supreme Court, Appellate Division, First Department, 23 A.D.2d 648, 257 N.Y.S.2d 469.

Proceedings on motion by defendant's guardian ad litem for discovery and inspection.

The Special Term denied the motion, and an appeal was taken.

The Appellate Division, Stevens, J., dissenting, reversed, holding that so long as order appointing guardian ad litem remained outstanding he had standing to appear and obtain appropriate relief. Plaintiff appealed.

Motion to dismiss the appeal granted and the appeal dismissed, with costs and ten dollars costs of motion, upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.