Craven v. Gazza — 14 N.Y.2d 542

Majority

p. 542

George J. Craven, as Director of the Dean Paving Corporation, Respondent-Appellant, v. Joseph A. Gazza et al., Appellants-Respondents. (Action No. 1.) Joseph A. Gazza, as a Stockholder and on Behalf of Dean Paving Corporation, Appellant-Respondent, v. George J. Craven et al., Respondents-Appellants. (Action No. 2.)

Submitted February 17, 1964;

decided February 20, 1964.

Richard C. Cahn for motion and opposed to cross motion.

Moe Sobel and Charles S. Lubin for cross motion and opposed to motion.

p. 543

Motion granted as to the appeal in action No. 1 upon the ground that the modification as to the award of costs is discretionary and not reviewable by the Court of Appeals and as to the appeal in action No. 2 the order is not a final order within the meaning of the Constitution.

Cross motion granted upon the ground that the order is not a final order within the meaning of the Constitution.