Opinion

Brito v. Manhattan & Bronx Surface Transit Operating Authority

81 N.Y.2d 993 · New York Court of Appeals · May 6, 1993

Full text

Teresa Brito, as Guardian Ad Litem of Joao Brito, Et Al., Appellants, v. Manhattan and Bronx Surface Transit Operating Authority Et Al., Respondents

Motion to dismiss appeal granted and appeal dismissed, with $400 costs and $100 costs of motion, upon the ground that the Appellate Division does not have the power to grant leave to appeal on a certified question from an order granting a new trial (see, CPLR 5601 [c]; 5602 [b] [1]; Mundt v Glokner, 160 NY 571; Fishman v Manhattan & Bronx Surface Tr. Operating Auth., 78 NY2d 878).