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Miller v. Perillo

49 N.Y.2d 1044 Court N.Y. Decision date 1980-05-08 English

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p. 1044
Charles Miller, Respondent, v Joseph Perillo et al., Respondents, and Riverbay Corp., Also Known as Co-op City, et al., Appellants.
Decided May 8, 1980
p. 1045
APPEARANCES OF COUNSEL
Alvin P. Bluthman for appellants.

OPINION OF THE COURT

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the stipulation for judgment absolute does not effect a final determination of the action as to both liability and damages and thus it is illusory and frustrates the purpose of CPLR 5601 (subd [c]).