New York Court of Appeals, 1981

Rusciano & Son Corp. v. Roche

Rusciano & Son Corp. v. Roche
New York Court of Appeals · Decided November 23, 1981
55 N.Y.2d 701; 431 N.E.2d 308; 446 N.Y.S.2d 947; 1981 N.Y. LEXIS 3260

Rusciano & Son Corp. v. Roche

Opinion of the Court

Motions by respondents-appellants for leave to appeal denied. On the court’s own motion, appeal taken as of *702right by petitioners-appellants-respondents dismissed, without costs, upon the ground that the Appellate Division order (70 AD2d 953) granting a new trial, here brought up for review, did not “necessarily affect” the final order, as required by CPLR 5601 (subd [d]). (Cohen and Karger, Powers of the New York Court of Appeals, § 79, pp 344-345.)

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