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Miocic v. Winters

52 N.Y.2d 896 Court N.Y. Decision date 1981-01-20 English

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p. 896
Jore Miocic et al., Respondents, v Russell E. Winters et al., Appellants.
Submitted January 12, 1981;
decided January 20, 1981
p. 897
Motion to dismiss the appeal granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order [ 66 AD2d 770 ] granting a new trial, here brought up for review, did not “necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).

Judge Fuchsberg taking no part.