New York Court of Appeals, 1986

Mercantile Imports, Inc. v. La Rue Distributors, Inc.

Mercantile Imports, Inc. v. La Rue Distributors, Inc.
New York Court of Appeals · Decided September 9, 1986
68 N.Y.2d 790; 506 N.Y.S.2d 862; 498 N.E.2d 426; 1986 N.Y. LEXIS 20100

Mercantile Imports, Inc. v. La Rue Distributors, Inc.

Opinion of the Court

Plaintiffs cross motion to dismiss the appeal granted and appeal dismissed, with costs, and $20 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution; in any event, no appeal lies as of right from a unanimous Appellate Division order absent the direct involvement of a substantial constitutional question (CPLR 5601, as amended by L 1985, ch 300). Defendant’s motion for a stay dismissed as academic.

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