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Guthartz v. City of New York

Court of Appeals of the State of New York
Apr 3, 1984
464 N.E.2d 479 (N.Y. 1984)

Opinion

Argued March 19, 1984

Decided April 3, 1984

Appeal from the Supreme Court, New York County, George G. Inglehart, J.

J. Irwin Shapiro and Brian Michael Seltzer for appellant.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Larry A. Sonnenshein and Francis F. Caputo of counsel), for respondents.


MEMORANDUM.

The appeal should be dismissed upon the ground that the "judgment" appealed from does not finally determine the action within the meaning of the Constitution. Although the causes of action contained in the complaint have been finally disposed of, the record shows that a counterclaim is still pending and that it is sufficiently related to the complaint to preclude application of the doctrine of implied severance (see Lizza Inds. v Long Is. Light. Co., 36 N.Y.2d 754).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur; Judge MEYER taking no part.

Appeal dismissed, without costs, in a memorandum.


Summaries of

Guthartz v. City of New York

Court of Appeals of the State of New York
Apr 3, 1984
464 N.E.2d 479 (N.Y. 1984)
Case details for

Guthartz v. City of New York

Case Details

Full title:BARNETT GUTHARTZ, Appellant, v. CITY OF NEW YORK et al., Respondents

Court:Court of Appeals of the State of New York

Date published: Apr 3, 1984

Citations

464 N.E.2d 479 (N.Y. 1984)
464 N.E.2d 479
476 N.Y.S.2d 111

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