Seligman v. Tucker — 36 N.Y.2d 921

Majority

p. 921

Marcia Seligman, Respondent, v Norman E. Tucker, Appellant. Marguerite D. Vogt, as Administratrix of the Estate of Geraldine A. Vogt, Deceased, Respondent, v Viola M. Lozo et al., Defendants, and John Woodfin, as Administrator of the Estate of Eugene Murphy, Deceased, Appellant.

Submitted May 27, 1975;

decided June 9, 1975

Gerald Bouvier for motions.

Eugene C. Tenney opposed.

Motions dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (see Du Pont, Glore Forgan & Co. v Springer, 33 NY2d 633 ; Morris Plan Ind. Bank of N. Y. v Gunning, 295 NY 640 ; Cohen and Karger, Powers of the New York Court of Appeals, § 38, p 156; § 46, p 204).

Cases cited

Morris Plan Industrial Bank v. Gunning 295 NY 640 N.Y. 1945-12-06 p. 921