Majority
p. 749Simeon Buckland et al., Plaintiffs, v Avella Construction Co., Inc., Defendant and Third-Party Plaintiff-Appellant; Joseph T. Ryerson & Son, Inc., Third-Party Defendant-Respondent, and Arthur G. Smith Construction Services, Third-Party Defendant. Submitted June 9, 1975; decided July 3, 1975
p. 750
Paul C Gouldin for motion.
Israel Margolis opposed.
Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (Walker v Sears, Roebuck & Co., 36 NY2d 695 ; Lizza Ind. v Long Is. Light. Co., 36 NY2d 754 ).
Cases cited
- People v. Johnson 36 NY2d 695 p. 750
- Lizza Industries, Inc. v. Long Island Lighting Co. 36 NY2d 754 p. 750