New York Court of Appeals, 1958

Sinram-Marnis Oil Co. v. Reading-Sinram-Streat Coals, Inc.

Sinram-Marnis Oil Co. v. Reading-Sinram-Streat Coals, Inc.
New York Court of Appeals · Decided January 23, 1958
4 N.Y.2d 726; 148 N.E.2d 321

Sinram-Marnis Oil Co. v. Reading-Sinram-Streat Coals, Inc.

Opinion of the Court

Appeal and cross appeal dismissed. Since the judgment sought to be appealed from herein not only grants an injunction but also orders an accounting, the appeals taken therefrom are dismissed upon the ground that the judgment appealed from does not finally determine the action within the meaning of the Constitution. (See, e.g., American Breddo Corp. v. Geller, 293 N. Y. 753; Alexander’s Dept. Stores v. Ohrbach’s, Inc., 291 N. Y. 707.)

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