Schildhaus v. City of New York

• Decision Date: 09 July 1965
• Citation: 16 N.Y.2d 833,263 N.Y.S.2d 177
• Parties: , 210 N.E.2d 465 Arnold SCHILDHAUS, Appellant, v. The CITY OF NEW YORK, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 177

263 N.Y.S.2d 177

16 N.Y.2d 833, 210 N.E.2d 465

Arnold SCHILDHAUS, Appellant, v. The CITY OF NEW YORK, Respondent.

Court of Appeals of New York.

July 9, 1965.

Appeal from Supreme Court, Appellate Division, First Department.

Action was brought for malicious prosecution and for false imprisonment.

The Supreme Court, New York County, Matthew M. Levy, J., entered a judgment on a verdict for the defendant on the cause of action for malicious prosecution and in favor of the plaintiff on the cause of action for false imprisonment, and the defendant appealed, and the plaintiff cross-appealed.

The Appellate Division entered an order May 13, 1965, denying a motion by the plaintiff to vacate an order of the Appellate Division, entered April 22, 1965, conditionally granting a motion by defendant to dismiss, for failure to perfect, a cross appeal taken by the plaintiff unless the plaintiff paid one-quarter of the cost of printing the record on appeal.

The plaintiff appealed to the Court of Appeals on alleged constitutional grounds, and motion was made in the Court of Appeals to dismiss the appeal.

Motion granted and appeal dismissed, with costs and $10 costs of motion, 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 nonreviewable discretion (Keller v. United States Lines Co., 15 N.Y.2d 908, 258 N.Y.S.2d 644, 206 N.E.2d 651).