Hugelmaier v. Town of Sweden — 63 N.Y.2d 909

Majority

p. 909

Gary M. Hugelmaier, Appellant, v Town of Sweden, Respondent, et al., Defendants.

Decided October 23, 1984

p. 912

APPEARANCES OF COUNSEL

Eileen E. Buholtz for appellant.

William L. Dorr for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order entered on appeal No. 1 affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 101 AD2d 995 ; cf. Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 NY2d 201 ). Appeal from order entered on appeal No. 2 dismissed, without costs, upon the ground that the order does not finally determine the action within the meaning of the Constitution.

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

Cases cited

Igbara Realty Corp. v. New York Property Insurance 63 NY2d 201 N.Y. 1984-10-23 p. 912