Matter of Rusciano Son Corp. v. Roche

Full title: In the Matter of RUSCIANO SON CORP. et al., Respondents, v. WILLIAM E…

Court: Court of Appeals of the State of New York

Date published: Sep 10, 1981

54 N.Y.2d 788 (N.Y. 1981)

443 N.Y.S.2d 371

427 N.E.2d 510

Opinion

Submitted August 10, 1981

Decided September 10, 1981

Motion to dismiss the appeal granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the Appellate Division order ( 70 A.D.2d 953) granting a new trial, here brought up for review, did not "necessarily affect" the final judgment, as required by CPLR 5601 (subd [d]). (Cohen and Karger, Powers of the New York Court of Appeals, § 79, pp 344-345.)