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Sinram-Marnis Oil Co. v. Reading-Sinram-Streat Coals, Inc.

4 N.Y.2d 726 Court N.Y. Decision date 1958-01-23 English

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p. 726
Sinram-Marnis Oil Co., Inc., Respondent-Appellant, v. Reading-Sinram-Streat Coals, Inc., et al., Appellants-Respondents, and Blue Ridge Fuel Co., Inc., Respondent.
Argued January 15, 1958;
decided January 23, 1958.
p. 727
Henry W. Steimgarten and Allan M. Seif for appellants-respondents and respondent.
A. Walter Socolow for respondent-appellant.

Appeal and cross appeal dismissed. Since the judgment sought to be appealed from herein not only grants an injunction but also orders an accounting, the appeals taken therefrom are dismissed upon the ground that the judgment appealed from does not finally determine the action within the meaning of the Constitution. (See, e.g., American Breddo Corp. v. Geller, 293 N. Y. 753 ; Alexander’s Dept. Stores v. Ohrbach’s, Inc., 291 N. Y. 707 .)

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