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New York Court of Appeals, 1980

Miller v. Perillo

Miller v. Perillo
New York Court of Appeals · Decided May 8, 1980
49 N.Y.2d 1044; 407 N.E.2d 481; 429 N.Y.S.2d 637; 1980 N.Y. LEXIS 2383
Miller v. Perillo

Opinion

OPINION OF THE COURT

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the stipulation for judgment absolute does not effect a final determination of the action as to both liability and damages and thus it is illusory and frustrates the purpose of CPLR 5601 (subd [c]).

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