New York Court of Appeals, 1976

Juszczak v. City of New York

Juszczak v. City of New York
New York Court of Appeals · Decided June 10, 1976
39 N.Y.2d 909; 352 N.E.2d 588; 386 N.Y.S.2d 401; 1976 N.Y. LEXIS 2851

Juszczak v. City of New York

Opinion of the Court

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the Appellate Division order granting a new trial did not "necessarily affect” the final judgment as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 NY2d 685 [and cases cited therein]; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).

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