New York Court of Appeals, 1968

Falcone v. Falcone

Falcone v. Falcone
New York Court of Appeals · Decided November 27, 1968
23 N.Y.2d 738; 244 N.E.2d 84; 296 N.Y.S.2d 570; 1968 N.Y. LEXIS 1005

Falcone v. Falcone

Opinion of the Court

Appeal dismissed, without costs and without prejudice to a motion for leave to appeal (CPLR 5514, subd. [a]), upon the ground that no appeal lies as of right to the Court of Appeals from a unanimous affirmance by the Appellate Division. The additional finding made by the Appellate Division is merely an added ground for its decision and does not constitute a modification of the trial court’s determination (Cohen and Karger, Powers of the New York Court of Appeals, p. 223). Emerson Garden Elec. Co. v. Seaboard Sur. Co. (15 N Y 2d 1030), relied upon by appellant, involved a determination which constituted a modification by directing further action by the attorneys for the parties.

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