Hyperlawhypertext legal database Tait v. Lattingtown Harbor Development Co. 12 N.Y.2d 947

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Tait v. Lattingtown Harbor Development Co.

12 N.Y.2d 947 Court N.Y. Decision date 1963-01-23 English

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p. 947
Dorothy M. Tait, Individually and on Behalf of All Others Similarly Situated, and as an Individual Member, and as a Member of the Board of Directors of Lattingtown Harbor Property Owners Association, Inc., Appellant, v. Lattingtown Harbor Development Co., Inc., Defendant, and Lattingtown Harbor Property Owners Association, Inc., Respondent.
Argued January 15, 1963;
decided January 23, 1963.
p. 948
Michael J. Ealpern for appellant.
Samuel L. Melts for respondent.

Appeal dismissed, without costs, upon the ground that the judgment appealed from does not necessarily affect the final judgment in this action. Where a motion is made for counsel fees within an action, the determination of that motion lacks finality (Weinstein v. Behn, 298 N. Y. 506 ; Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd. [e]; § 39).

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