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Tompkins Square Neighbors, Inc. v. Zaragoza

34 N.Y.2d 737 Court N.Y. Decision date 1974-05-08 English

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p. 737
Tompkins Square Neighbors, Inc., Respondent, v. Ramon Zaragoza et al., Appellants.
Submitted April 8, 1974;
decided May 8, 1974.

Headnote

Reported below, 43 A D 2d 551 .
Michael D. Kaufman for motion and opposed to cross motion.
Joseph Delman opposed to motion and for cross motion.

Motion dismissed as academic.

Cross motion granted and appeal dismissed, without costs, upon the ground that the appeal does not lie as of right since the action originated in a court other than one specified in CPLR 5601 (subd. [a]) and no constitutional question is directly involved (N. Y. Const., art. VI, § 3, subd. b, par. [7]; CPLR 5601, subd. [b], par. 1).

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