Benaryeh v. Hartford Fire Insurance Company

Full title: BENARYEH, INC., Appellant, v. HARTFORD FIRE INSURANCE COMPANY, Respondent

Court: Court of Appeals of the State of New York

Date published: Feb 16, 1967

225 N.E.2d 552 (N.Y. 1967)

225 N.E.2d 552

278 N.Y.S.2d 860

Opinion

Submitted February 13, 1967

Decided February 16, 1967

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.

Irving Fox and Arthur H. Miller for motion.

Joseph J. Magrath, 3rd, opposed.

Motion dismissed upon the grounds that (1) the order of the Appellate Division dismissing the appeal to that court involves a nonreviewable exercise of discretion (see, e.g., Matter of Meier, 9 N.Y.2d 752) and (2) the order of the Appellate Division denying appellant's motion for reargument is nonfinal within the meaning of the Constitution (see, e.g., Wit v. State of New York, 14 N.Y.2d 550).