Hyperlawhypertext legal database New York Auction Co. Division of Standard Prudential Corp. v. Belt 49 N.Y.2d 890

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New York Auction Co. Division of Standard Prudential Corp. v. Belt

49 N.Y.2d 890 Court N.Y. Decision date 1980-03-27 English

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p. 890
New York Auction Company Division of Standard Prudential Corporation, Appellant, v Hazel Belt et al., Respondents.
Submitted February 4, 1980;
decided March 27, 1980

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that plaintiff, having acquiesced in the determination of the Appellate Division [ 53 AD2d 540 ] by seeking leave to replead, may not seek review of that determination on this appeal pursuant to CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 96).