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Bank of America National Trust & Savings Ass'n v. Sorg

36 N.Y.2d 664 Court N.Y. Decision date 1975-02-12 English

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p. 664
Bank of America National Trust and Savings Association, Respondent, v. Francis J. Sorg, Jr. et al., Appellants.
Submitted January 20, 1975;
decided February 12, 1975.
Bruce V. Weitzen and Vincent Albanese for motion.
James B. M. McNally opposed.

On defendants’ motion for leave to appeal only from that portion of the order of the Appellate Division, entered December 3, 1974, which dismissed the counterclaim, such counterclaim deemed severed and dismissal thereof thus held to be a final determination (Sirlin Plumbing Co. v. Maple Hill Homes, 20 N Y 2d 401 , 403; cf. CPLR 5602, subd. [a], par. 1, cl. [i]). Motion denied with $20 costs and necessary reproduction disbursements.

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