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Wagner v. Etoll

37 N.Y.2d 795 Court N.Y. Decision date 1975-09-10 English

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p. 795
Leo Wagner et al., Respondents, v Freda Etoll et al., as Coexecutors of Fred Etoll, Deceased, Appellants.
Submitted September 2, 1975;
decided September 10, 1975
p. 796
Donald H Bray for motion.
No one opposed.

Motion granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that the order, which directs an accounting, does not finally determine the action within the meaning of the Constitution (Gramercy Brokerage Corp. v Cohen, 34 NY2d 754 ; Moliver v Knebel, 291 NY 822 ; Brown v Leach, 228 NY 612 ; Cohen and Karger, Powers of the New York Court of Appeals, § 17, pp 70-71).

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