Majority
p. 672James Berardi, Respondent, v. W. T. Lane, Inc. et al., Appellants. Submitted September 11, 1972; decided September 28, 1972.
p. 673
Susanna E. Bedell for motion.
No one opposed.
Motion granted and appeals dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (N. Y. Const., art. VI, § 3; CPLR 5601; Kemp v. Paterson, 4 N Y 2d 712 ; Cohen and Karger, Powers of the New York Court of Appeals, pp. 70-73).
Cases cited
- Kemp v. Paterson 4 N Y 2d 712 p. 673