New York Court of Appeals, 1981

Miocic v. Winters

Miocic v. Winters
New York Court of Appeals · Decided January 20, 1981
52 N.Y.2d 896; 437 N.Y.S.2d 306; 418 N.E.2d 1325; 1981 N.Y. LEXIS 2145
Miocic v. Winters

Cases that cite this one

2 later published cases cite this decision.

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Opinion

*897 Motion to dismiss the appeal granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order [66 AD2d 770] granting a new trial, here brought up for review, did not “necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).

Judge Fuchsberg taking no part.

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