Zipay v. Benson

Full title: RICHARD ZIPAY et al., Appellants, v. H. COOLIDGE BENSON et al., Defendants…

Court: Court of Appeals of the State of New York

Date published: Oct 6, 1977

42 N.Y.2d 1052 (N.Y. 1977)

399 N.Y.S.2d 207

369 N.E.2d 763

Opinion

Submitted August 29, 1977

Decided October 6, 1977

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 N.Y.2d 685; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).