New York Court of Appeals, 1986

Capone v. Chesebrough Pond's, Inc.

Capone v. Chesebrough Pond's, Inc.
New York Court of Appeals · Decided April 1, 1986
67 N.Y.2d 904; 501 N.Y.S.2d 814; 492 N.E.2d 1230; 1986 N.Y. LEXIS 18006

Capone v. Chesebrough Pond's, Inc.

Opinion of the Court

Motion for leave to appeal dismissed. Dismissal of the *905appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (see, Matter of Crescenzi, 64 NY2d 774).

Judge Hancock, Jr., taking no part.

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