New York Court of Appeals, 1963

Tait v. Lattingtown Harbor Development Co.

Tait v. Lattingtown Harbor Development Co.
New York Court of Appeals · Decided January 23, 1963
12 N.Y.2d 947; 188 N.E.2d 794

Tait v. Lattingtown Harbor Development Co.

Opinion of the Court

Appeal dismissed, without costs, upon the ground that the judgment appealed from does not necessarily affect the final judgment in this action. Where a motion is made for counsel fees within an action, the determination of that motion lacks finality (Weinstein v. Behn, 298 N. Y. 506; Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd. [e]; § 39).

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