Abraham Co. v. Dollar Savings Bank of New York

Full title: ABRAHAM CO., INC., et al., Appellants, v. DOLLAR SAVINGS BANK OF NEW YORK…

Court: Court of Appeals of the State of New York

Date published: Dec 22, 1975

38 N.Y.2d 795 (N.Y. 1975)

381 N.Y.S.2d 870

345 N.E.2d 342

Opinion

Submitted November 3, 1975

Decided December 22, 1975

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD J. GREENFIELD, J.

Noel W. Hauser for motion.

David M. Berenson opposed.

Motion for leave to appeal from that portion of the order of the Appellate Division which dismissed and severed the action against defendant Dollar Savings Bank, denied upon the ground that appeal lies as of right (CPLR 5601, subd [a], par [iii]); motion for leave to appeal from that portion of the order which affirms a denial of summary judgment against the remaining defendants, dismissed upon the ground that the severed portion of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.