Barker v. Tennis 59th, Inc.

Full title: EDWARD P. BARKER et al., Appellants, v. TENNIS 59TH, INC. et al.…

Court: Court of Appeals of the State of New York

Date published: Jun 6, 1985

65 N.Y.2d 740 (N.Y. 1985)

492 N.Y.S.2d 30

481 N.E.2d 570

Opinion

Decided June 6, 1985

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the Appellate Division order granting a new trial which is here sought to be reviewed, did not "necessarily affect" the final judgment, as required by CPLR 5601 (d) ( Miocic v Winters, 52 N.Y.2d 896; Cohen and Karger, Powers of the New York Court of Appeals § 79, at 344).