Page 677
Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the. Constitution (N. Y. Const., art. VI, § 3, par. b; CPLR 5601). Although the Appellate Division stated that plaintiff could not maintain this action and denied summary judgment in his favor, it did not direct summary judgment in favor of defendants.
Cerullo v. Cerullo
Court: New York Court of Appeals
Date filed: 1973-03-15
Citations: 32 N.Y.2d 676, 296 N.E.2d 255, 343 N.Y.S.2d 358, 1973 N.Y. LEXIS 1429
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