Hyperlawhypertext legal databasebeta Guthartz v. City of New York 62 N.Y.2d 632

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Guthartz v. City of New York

62 N.Y.2d 632 Court N.Y. Decision date 1984-04-03 English

Judges Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Simons and Kaye concur; Judge Meyer taking no part.

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p. 632
Barnett Guthartz, Appellant, v City of New York et al., Respondents.
Argued March 19, 1984;
decided April 3, 1984

Headnote

APPEARANCES OF COUNSEL
J. Irwin Shapiro and Brian Michael Seltzer for appellant.
Frederick A. O. Schwarz, Jr., Corporation Counsel (Larry A. Sonnenshein and Francis F. Caputo of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed upon the ground that the “judgment” appealed from does not finally determine the action within the meaning of the Constitution. Although

p. 633
the causes of action contained in the complaint have been finally disposed of, the record shows that a counterclaim is still pending and that it is sufficiently related to the complaint to preclude application of the doctrine of implied severance (see Lizza Inds. v Long Is. Light. Co., 36 NY2d 754 ).

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Simons and Kaye concur; Judge Meyer taking no part.

Appeal dismissed, without costs, in a memorandum.

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