Town of Highlands v. Weyant, 287 N.E.2d 389 (N.Y. 1972). · Go Syfert
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Town of Highlands v. Weyant, 287 N.E.2d 389 (N.Y. 1972). Cases Citing This Book View Copy Cite
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In the Matter of the Town of Highlands
v.
King J. Weyant, Constituting the Board of Trustees of the Village of Highland Falls
New York Court of Appeals.
Jul 7, 1972.
Published opinion
287 N.E.2d 389
1972 N.Y. LEXIS 1152
Howard C. Nolan, Jr. and Roland M. Cavalier for appellants., Myron I. Mandel and William J. Haft for respondents.
Published

Appeal dismissed, without costs. There has been no prior trial in this case and, therefore, the order appealed from, directing a trial of the issues, cannot qualify as an order granting a new trial from which an appeal may be taken to this court upon a stipulation for judgment absolute. (N. V. Const., art. VT, § 3, subd. b, par. [3]; CPLR 5601, subd. [c]; see Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284.)