New York Court of Appeals, 1967

Burger v. Long Island Rail Road

Burger v. Long Island Rail Road
New York Court of Appeals · Decided December 29, 1967
21 N.Y.2d 716; 234 N.E.2d 703; 287 N.Y.S.2d 680; 1967 N.Y. LEXIS 1001

Burger v. Long Island Rail Road

Opinion of the Court

Motion to dismiss appeal in action No. 1 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from is not final within the meaning of the Constitution.

Motion to dismiss appeal in action No. 2 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that, since there has been a severance of the action, no appeal lies to the Court of Appeals as of right.

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