New York Court of Appeals, 1973

Cerullo v. Cerullo

Cerullo v. Cerullo
New York Court of Appeals · Decided March 15, 1973
32 N.Y.2d 676; 296 N.E.2d 255; 343 N.Y.S.2d 358; 1973 N.Y. LEXIS 1429

Cerullo v. Cerullo

Opinion of the Court

*677Motion 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.

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