Capone v. Chesebrough Pond's, Inc.

67 N.Y.2d 904 Court N.Y. Decision date 1986-04-01 English

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p. 904

Carol J. Capone, Appellant, v Chesebrough Pond’s, Inc., Respondent.

Submitted March 3, 1986;

decided April 1, 1986

Motion for leave to appeal dismissed. Dismissal of the

p. 905

appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (see, Matter of Crescenzi, 64 NY2d 774 ).

Judge Hancock, Jr., taking no part.