New York Court of Appeals, 2000

Tauber v. Bankers Trust Co.

Tauber v. Bankers Trust Co.
New York Court of Appeals · Decided July 6, 2000
95 N.Y.2d 848; 735 N.E.2d 1286; 713 N.Y.S.2d 520; 2000 N.Y. LEXIS 1798

Tauber v. Bankers Trust Co.

Opinion of the Court

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. The judgment affirmed by the Appellate Division purports to expressly sever a determined part of the second counterclaim from the pending portion of that counterclaim. The Court of Appeals will not give effect to a severance which splits a single cause of action (see, Burke v Crosson, 85 NY2d 10, 18, n 5; Sontag v Sontag, 66 NY2d 554, 555).

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