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Zablow v. Feldman

35 N.Y.2d 755 Court N.Y. Decision date 1974-10-23 English

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p. 755
Jeffrey Zablow, Respondent, v. Philip Feldman, Appellant.
Decided October 23, 1974.
p. 756
Morton AlpéH for appellant.
Ronald S. Lebovici for respondent.

Appeal dismissed, without costs, by the Court of Appeals sua sponte on the grounds that no appeal lies as of right from an order of the Appellate Term affirming a lower court judgment (CPLR 5601, subd. [b], par. 2; see Cohen and Karger, Powers of the New York Court of Appeals, p. 246); and, if it were an appeal from a judgment of a court of “ original instance ”, there is presented no question involving the constitutionality of any statute (CPLR 5601, subd. [b], par. 2).