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Til v. O'Brien

40 N.Y.2d 902 Court N.Y. Decision date 1976-10-21 English

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p. 902
Frank Z. Til et al., Respondents, v James V. O’Brien, Appellant.
Decided October 21, 1976
Michael Likoudis for appellant.

Appeal dismissed, without costs, by the Court of Appeals sua spon te upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. To the extent that Marco v Sachs ( 10 NY2d 542 ) would seem to suggest a contrary result, it is not to be followed (see Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd [b], p 143).

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