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Lauer v. Dupreau

58 N.Y.2d 814 Court N.Y. Decision date 1983-01-18 English

Contents

Majority

p. 814
Maria Lauer, Doing Business as Cassandra Realty, Appellant, v R. Francis Dupreau et al., Respondents.
Argued January 11, 1983;
decided January 18, 1983
p. 816
APPEARANCES OF COUNSEL
Gerald A. Harley for appellant.
McGovern, Kehoe, Mitchell & Kelleher for respondent R. Francis Dupreau, precluded.
William L. Nikas for respondent Margaret Sprague, precluded.

OPINION OF THE COURT

On plaintiff’s appeal as against defendant Sprague: Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division ( 87 AD2d 659 ).

On plaintiff’s appeal as against defendant Dupreau: Appeal dismissed, without costs, upon the ground that the order of the Appellate Division, insofar as it affirmed the denial of summary judgment to plaintiff against defendant Dupreau and denied plaintiff’s motion to dismiss defendant Dupreau’s second counterclaim, does not finally determine the action as to said defendant.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.

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