New York Court of Appeals, 1980

New York Auction Co. Division of Standard Prudential Corp. v. Belt

New York Auction Co. Division of Standard Prudential Corp. v. Belt
New York Court of Appeals · Decided March 27, 1980
49 N.Y.2d 890; 405 N.E.2d 236; 427 N.Y.S.2d 993; 1980 N.Y. LEXIS 2246

New York Auction Co. Division of Standard Prudential Corp. v. Belt

Opinion of the Court

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that plaintiff, having acquiesced in the determination of the Appellate Division [53 AD2d 540] by seeking leave to replead, may not seek review of that determination on this appeal pursuant to CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 96).

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