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John Grace Co. v. State University Construction Fund

41 N.Y. 943 Court N.Y. Decision date 1977-03-24 English

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p. 943
John Grace Co., Inc., Respondent, v State University Construction Fund, Appellant. A. D. Herman Construction Co., Inc., Respondent, v State University Construction Fund, Appellant.
Submitted February 14, 1977;
decided March 24, 1977
Reported below, 55 AD2d 299 .

Motions for leave to appeal dismissed, with $20 costs and necessary reproduction disbursements, upon the ground that the nonfinal orders sought to be appealed from were entered in actions, not proceedings, and therefore are not ones which come within the provisions of CPLR 5602 (subd [a], par 2). (See, e.g., Ofenloch v Gaynor, 28 NY2d 806 ; Regenbogen v Rent Stabilization Assn. of N. Y. City, 31 NY2d 668 .)

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