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Juszczak v. City of New York

39 N.Y.2d 909 Court N.Y. Decision date 1976-06-10 English

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p. 909
Stefan Juszczak, an Infant, by Adam Juszczak, His Guardian ad Litem, et al., Appellants, v City of New York, Respondent, et al., Defendant.
Decided June 10, 1976
p. 910
Nathan Schwartz for appellants.

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the Appellate Division order granting a new trial did not "necessarily affect” the final judgment as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 NY2d 685 [and cases cited therein]; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).