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Mercantile Imports, Inc. v. La Rue Distributors, Inc.

68 N.Y.2d 790 Court N.Y. Decision date 1986-09-09 English

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p. 790
Mercantile Imports, Inc., Doing Business as Concepts by Sharon, Respondent, v La Rue Distributors, Inc., Appellant.
Submitted July 21, 1986;
decided September 9, 1986

Plaintiffs cross motion to dismiss the appeal granted and appeal dismissed, with costs, and $20 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution; in any event, no appeal lies as of right from a unanimous Appellate Division order absent the direct involvement of a substantial constitutional question (CPLR 5601, as amended by L 1985, ch 300). Defendant’s motion for a stay dismissed as academic.