Elias v. Prudential Investment Corp., S.A.

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: COOKE
• Citation: Elias v. Prudential Investment Corp., S.A., 431 N.Y.S.2d 524, 50 N.Y.2d 924 (N.Y. 1980)
• Decision Date: 12 June 1980
• Parties: , 409 N.E.2d 996 Irving ELIAS et al., Appellants, v. PRUDENTIAL INVESTMENT CORPORATION, S. A., et al., Respondents.

Page 524

431 N.Y.S.2d 524

50 N.Y.2d 924, 409 N.E.2d 996

Irving ELIAS et al., Appellants, v. PRUDENTIAL INVESTMENT CORPORATION, S. A., et al., Respondents.

Court of Appeals of New York June 12, 1980.

Abraham K. Weber, New York City, for appellants.

Israel G. Seeger, New York City, for Prudential Investment Corporation, S. A., and others, respondents.

Daniel Cohen and Morris Fellner, New York City, for Harper United Corp. and another, respondents.

OPINION OF THE COURT

The appeal should be dismissed, without costs. The question certified refers to "the order of the Supreme Court, as affirmed by this Court" whereas the order of the Appellate Division, 72 A.D.2d 675, 421 N.Y.S.2d 957 affirmed two separate orders of Special Term dated April 4, 1979 and May 7, 1979. Moreover, both Special Term orders denied discretionary remedies (vacatur of notices of deposition of plaintiffs because no showing warranting denial had been made, and the placing of the action on the Trial Calendar without prejudice to plaintiffs' right to continue discovery). The question certified is not whether the orders constituted an abuse of discretion as a matter...