Capoccia v. Brognano

70 N.Y.2d 743 Court N.Y. Decision date 1987-09-17 English

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Majority

p. 743

Andrew F. Capoccia et al., Appellants, v Dominick J. Brognano, Respondent.

Decided September 17, 1987

Appeal from the order of the Appellate Division which affirmed an order of Supreme Court entered October 17, 1987, inter alia, denying plaintiffs’ motion for a preclusion order dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.