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Esteves v. Somco Fuel, Inc.

54 N.Y.2d 994 Court N.Y. Decision date 1981-10-27 English

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p. 994
Anthony Esteves, Respondent, v Somco Fuel, Inc., Defendant and Third-Party Plaintiff-Appellant. 163 Eastern Parkway Realty Corp., Third-Party Defendant-Respondent.
Submitted August 17, 1981;
decided October 27, 1981

Motions for leave to appeal denied. Motion to dismiss appeals taken as of right by defendant third-party plaintiff and third-party defendant pursuant to CPLR 5601 (subd [a], par [iii]) granted and said appeals dismissed, with costs and $20 costs of motion, upon the ground that the modification at the Appellate Division is not in a respect which is within the power of the Court of Appeals to review (CPLR 5601, subd [a], par [iii] ; Cohen and Karger, Powers of the New York Court of Appeals, § 148, pp 588-590).