Opinion · New York Court of Appeals
Zipay v. H. Coolidge Benson
Zipay v. H. Coolidge Benson, 42 N.Y.2d 1052 (New York Court of Appeals 1977)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1977-10-06
- Topic
- litigation
Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not "necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 NY2d 685; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).
Citator
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- Cited by
- 1 opinion
Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not "necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 NY2d 685; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).