Barker v. Tennis 59th, Inc.

65 N.Y. 740 Court N.Y. Decision date 1985-06-06 English

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Majority

p. 740

Edward P. Barker et al., Appellants, v Tennis 59th, Inc. et al., Respondents.

Decided June 6, 1985

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the Appellate Division order grant

p. 741

ing a new trial which is here sought to be reviewed, did not “necessarily affect” the final judgment, as required by CPLR 5601 (d) (Miocic v Winters, 52 NY2d 896 ; Cohen and Karger, Powers of the New York Court of Appeals § 79, at 344).