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Raymond Bagdy v. Progresso Foods Corporation

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eBook details

  • Title: Raymond Bagdy v. Progresso Foods Corporation
  • Author : Supreme Court of New York
  • Release Date : January 18, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

In a negligence action to recover damages for personal injuries, defendant Progresso Foods Corporation (Progresso) appeals, and plaintiff cross-appeals, from an order of the Supreme Court, Westchester County (Gagliardi, J.), dated February 4, 1981, which, upon defendant Progressos motion to dismiss the complaint as time barred (CPLR 3211, subd [a], par 5), and upon plaintiffs assertion of a toll of the Statute of Limitations (CPLR 207, 214), directed that a hearing be held at Special Term, Part III-a, on the issue of whether defendant Progresso, during the limitations period, was amenable to service of process capable of subjecting it to the personal jurisdiction of the courts of this State. Appeals dismissed, sua sponte, without costs or disbursements. An order directing a judicial hearing to aid in the disposition of a motion does not affect a substantial right (CPLR 5701, subd [a], par 2, cl [v]), and is, therefore, not appealable as of right. (See Morris v Morris, 33 A.D.2d 786, 787; cf. Alfred D. Geronimo, Inc. v Board of Educ., 69 A.D.2d 805; Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 A.D.2d 591, 594-595, affd [insofar as it relates to the appeal determined on the [86 A.D.2d 589 Page 590]


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