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Arther v. Backster

24 A.D.2d 940 Court N.Y. App. Div. Decision date 1965-12-09 English

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p. 940
Richard O. Arthur et al., Respondents, v. Cleve Backster, Appellant.

Judgment directing defendant to transfer shares of stpck to plaintiffs unanimously affirmed, without costs or disbursements. Appeal ...from order entered on May 20, 1964 granting a trial preference dismissed, without- costs

p. 941
or disbursements, on the ground that the order is intermediate and does not necessarily affect the final judgment rendered, and it consequently does not affect a substantial right. (Cf. CPLR 5501, subd. [a], par. 1; 5701, subd. [a], par. 2, cl. [v].) Concur — Breitel, J. P., Rabin, Stevens and Eager, JJ.