New York Court of Appeals, 1978

Stouffer Management Food Service, Inc. v. Tully

Stouffer Management Food Service, Inc. v. Tully
New York Court of Appeals · Decided July 13, 1978
45 N.Y.2d 774; 408 N.Y.S.2d 509; 380 N.E.2d 335; 1978 N.Y. LEXIS 2218
Stouffer Management Food Service, Inc. v. Tully

Opinion of the Court

Motion for leave to appeal dismissed, upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is therefore not covered by CPLR 5602 (subd [a], par 2) (see, e.g., Ofenloch v Gaynor, 28 NY2d 806).

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