New York Court of Appeals, 1980

Tockash v. Rockwell

Tockash v. Rockwell
New York Court of Appeals · Decided October 7, 1980
51 N.Y.2d 797; 412 N.E.2d 1325; 433 N.Y.S.2d 100; 1980 N.Y. LEXIS 2657

Tockash v. Rockwell

Opinion of the Court

Motion for leave to appeal and on the court’s own motion, appeal taken as of right dismissed, without costs, each upon the grounds: (1) that no appeal lies from the order of the *798Appellate Division insofar as it dismissed an appeal from the default judgment (CPLR 5511); and (2) that the order of the Appellate Division insofar as it affirmed an order denying a motion to vacate the default judgment does not finally determine the action within the meaning of the Constitution.

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