Smith v. Tobias

Full title: MARIE E. SMITH, Respondent, v. BERNARD TOBIAS, Appellant

Court: Court of Appeals of the State of New York

Date published: May 27, 1943

50 N.E.2d 245 (N.Y. 1943)

290 N.Y. 862

Opinion

Submitted May 17, 1943

Decided May 27, 1943

Appeal from the Supreme Court, Appellate Division, First Department, CAREW, J.

Archibald Palmer for motion.

Henry A. Friedman opposed.

Motion denied, with ten dollars costs, on the ground that the order of the Appellate Division, from which the appeal is taken, does not finally determine the action or special proceeding within the meaning of the Constitution. (See 290 N.Y. 874.)