Associated Coal Sales Corp. v. Hughes — 46 N.Y.2d 1071

Majority

p. 1071

Associated Coal Sales Corp. et al., Appellants, v Joseph T. Hughes, Defendant, and Thyssen Incorporated et al., Respondents.

Argued March 26, 1979;

decided April 5, 1979

Appeal dismissed, without costs. No appeal lies as of right from that portion of the order appealed from which unanimously affirms the dismissal of the complaint against August Thyssen-Hutte Aktiengesellschaft (CPLR 5601, subd [a]). The remainder of the order does not finally determine the action within the meaning of the Constitution. (Walker v Sears, Roebuck & Co., 36 NY2d 695 ; Lizza Inds. v Long Is. Light. Co., 36 NY2d 754 ; see Orange & Rockland Utilities v Howard Oil Co., 46 NY2d 880 .)

Cases cited

People v. Johnson 36 NY2d 695 N.Y. 1975-02-18 p. 1071
Lizza Industries, Inc. v. Long Island Lighting Co. 36 NY2d 754 N.Y. 1975-03-20 p. 1071
Orange & Rockland Utilities, Inc. v. Howard Oil Co. 46 NY2d 880 N.Y. 1979-02-08 p. 1071