Majority
p. 855Donald Epstein et al., Individually and Doing Business as Deco, Appellants, v. Paganne, Ltd., Respondent. Paganne, Ltd., Respondent, v. Donald Epstein et al., Individually and Doing Business as Deco, Appellants. (Action No. 1.) (Action No. 2.) Submitted June 3, 1974; decided June 19, 1974.
Headnote
Reported below, 44 A D 2d 520 .
p. 856
Louis L. Friedman for motion.
Eli Feit opposed.
On the court’s own motion, appeals in both consolidated actions dismissed, without costs. The order in the one is non-final on any view. The issues in both actions have “ an extremely close interrelationship ” and a determination in the one might predetermine the result in the other on the identical record (cf. Sirlin Plumbing Co. v. Maple Hill Homes, 20 N Y 2d 401 , 403).
Motion dismissed as academic.
Cases cited
- Sirlin Plumbing Co. v. Maple Hill Homes, Inc. 20 N Y 2d 401 at 403 p. 856