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Benaryeh, Inc. v. Hartford Fire Insurance

19 N.Y.2d 670 Court N.Y. Decision date 1967-02-16 English

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p. 670
Benaryeh, Inc., Appellant, v. Hartford Fire Insurance Company, Respondent.
Submitted February 13, 1967;
decided February 16, 1967.
Irving Fox and Arthur H. Miller for motion.
Joseph J. Magrath, 3rd, opposed.

Motion dismissed upon the grounds that (1) the order of the Appellate Division dismissing the appeal to that court involves a nonreviewable exercise of discretion (see, e.g., Matter of Meier, 9 N Y 2d 752 ) and (2) the order of the Appellate Division denying appellant’s motion for reargument is nonfinal within the meaning of the Constitution (see, e.g., Wit v. State of New York, 14 N Y 2d 550 ).

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