Zipay v. H. Coolidge Benson
New York Court of Appeals
Zipay v. H. Coolidge Benson, 42 N.Y.2d 1052 (N.Y. 1977)
369 N.E.2d 770; 399 N.Y.S.2d 214; 1977 N.Y. LEXIS 2390
Zipay v. H. Coolidge Benson
Opinion of the Court
Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not "necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 NY2d 685; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).
Reference
- Full Case Name
- Richard Zipay v. H. Coolidge Benson, and Third-Party Plaintiffs-Respondents. Dyer Fitts Construction Co., Inc., Third-Party Defendant-Respondent. (And Another Action.)
- Cited By
- 1 case
- Status
- Published