Mazzarella Building Co. v. Escort Builders, Inc.

Full title: MAZZARELLA BUILDING CO., INC., Appellant, v. ESCORT BUILDERS, INC., et…

Court: Court of Appeals of the State of New York

Date published: May 6, 1976

351 N.E.2d 433 (N.Y. 1976)

351 N.E.2d 433

385 N.Y.S.2d 766

Opinion

Submitted March 29, 1976

Decided May 6, 1976

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH A. NEVINS, J.

Richard C. Southard for motion.

Honig Pressman opposed.

Motion dismissed, with $20 costs and necessary reproduction disbursements, upon the ground that the order sought to be appealed from involves a question of discretion of the type not reviewable by the Court of Appeals (see Williams v Mallinckrodt Chem. Works, 34 N.Y.2d 567).