Hyperlawhypertext legal database Zipay v. H. Coolidge Benson 42 N.Y.2d 1052

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Zipay v. H. Coolidge Benson

42 N.Y.2d 1052 Court N.Y. Decision date 1977-10-06 English

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p. 1052
Richard Zipay et al., Appellants, v H. Coolidge Benson et al., Defendants and Third-Party Plaintiffs-Respondents. Dyer Fitts Construction Co., Inc., Third-Party Defendant-Respondent. (And Another Action.)
Submitted August 29, 1977;
decided October 6, 1977

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not "necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 NY2d 685 ; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).