Majority
p. 685Charles P. Martin, Appellant, v. Alabama 84 Truck Rental, Inc. et al., Respondents, et al., Defendant. Submitted September 17, 1973; decided October 11, 1973.
p. 686
Michael B. Schad and A. Allen Stanger for motion.
Eugene A. Wolkoff opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the Appellate Division order granting a new trial did not “ necessarily affect ” the I . final judgment, as required to allow an appeal as of right from the judgment (CPLR 5601, subd. [d]; Town of Peru v. State of New York, 30 N Y 2d 859 ; Karell Realty Corp. v. State o f New York, 29 N Y 2d 935 ; Matter of Satterlee, 2 N Y 2d 285 , 290; Matter of Daus v. Gunderman & Sons, 283 N. Y. 459 , 464; Cohen and Karger, Powers of the New York Court of Appeals, at pp. 317, 344). [Motion for reconsideration granted and appeal transferred 33 N Y 2d 820 .]
Cases cited
- Karell Realty Corp. v. State 29 N Y 2d 935 p. 686
- In re the Probate of the Will of Satterlee 2 N Y 2d 285 at 290 p. 686
- Claim of Daus v. Gunderman & Sons, Inc. 283 N. Y. 459 at 464 p. 686
- Martin v. Alabama 84 Truck Rental, Inc. 33 N Y 2d 820 p. 686