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Schwarz v. Tokayer

74 N.Y.2d 701 Court N.Y. Decision date 1989-06-08 English

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Majority

p. 701
Samuel Schwarz, Appellant, v Norman Tokayer et al., Respondents.
Submitted March 13, 1989;
decided June 8, 1989

Motion for leave to appeal dismissed upon the ground that

p. 702
the order affirmed by the Appellate Division, although termed one dismissing the complaint, accomplished no more than a denial of the motion to vacate the stipulation of discontinuance and, thus, the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.