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Dayon v. Downe Communications, Inc.

32 N.Y.2d 937 Court N.Y. Decision date 1973-06-07 English

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p. 937
Al Dayon, Individually and on Behalf of Master-Craft Electronics Corp., Appellant, v. Downe Communications, Inc. et al., Respondents.
Submitted May 14, 1973;
decided June 7, 1973.
p. 938
George B. Hinckley, Harold J. Smith, William M. Silverman and David M. Farhman for motion.
Charles Sutton opposed.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the prior order of the Appellate Division was not one which necessarily affected the final judgment appealed from. (CPLR 5601, subd. [d]; see Buffalo Elec. Co. v. State of New York, 14 N Y 2d 453 , 457-458; see, also, Cohen and Karger, Powers of the New York Court of Appeals, §79.)

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