Majority
p. 738Bernard Falcone, Respondent, v. Myrtle M. Falcone, Appellant. Argued November 20, 1968; decided November 27, 1968.
p. 739
George M. Donohue for appellant.
Nunzio Rizzo for respondent.
Appeal dismissed, without costs and without prejudice to a motion for leave to appeal (CPLR 5514, subd. [a]), upon the ground that no appeal lies as of right to the Court of Appeals from a unanimous affirmance by the Appellate Division. The additional finding made by the Appellate Division is merely an added ground for its decision and does not constitute a modification of the trial court’s determination (Cohen and Karger, Powers of the New York Court of Appeals, p. 223). Emerson Garden Elec. Co. v. Seaboard Sur. Co. ( 15 N Y 2d 1030 ), relied upon by appellant, involved a determination which constituted a modification by directing further action by the attorneys for the parties.
Cases cited
- Emerson Garden Electric Co. v. Seaboard Surety Co. 15 N Y 2d 1030 p. 739