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Tockash v. Rockwell

51 N.Y.2d 797 Court N.Y. Decision date 1980-10-07 English

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p. 797
William Tockash et al., Respondents, v Charles E. Rockwell, Appellant.
Submitted August 11, 1980;
decided October 7, 1980

Motion for leave to appeal and on the court’s own motion, appeal taken as of right dismissed, without costs, each upon the grounds: (1) that no appeal lies from the order of the

p. 798
Appellate Division insofar as it dismissed an appeal from the default judgment (CPLR 5511); and (2) that the order of the Appellate Division insofar as it affirmed an order denying a motion to vacate the default judgment does not finally determine the action within the meaning of the Constitution.