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Duffy v. Colonie Hill, Ltd.

33 N.Y.2d 741 Court N.Y. Decision date 1973-10-23 English

Contents

Majority

p. 741
James J. Duffy et al., as Trustees of the Pension and Retirement Benefit Fund, Local 138, 138A and 138B, International. Union of Operating Engineers, Respondents, v. Colonie Hill, Ltd., Appellant, I & L Electrical Contractors, Inc. et al., Respondents. (Action No. 1.) Colonie Hill, Ltd., Appellant, v. James J. Duffy et al., as Trustees of the Pension and Retirement Benefit Fund, Local 138, 138A and 138B, International Union of Operating Engineers et al., Respondents. (Action No. 2.) Thelco Electrical Contractors, Inc., on Behalf of Itself and on Behalf of All Others Similarly Situated, as Trust Beneficiaries, Respondent, v. Colonie Hill, Ltd. et al., as Trustees, Appellants. (Action No. 3.)
Submitted October 15, 1973;
decided October 23, 1973.
p. 742
Francis P. Donelan for motion.
Harry H. Kutner, Ira L. Hyams and Paul 8. Bannon opposed.

Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.