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Corporate Property Investors v. Board of Assessors

75 N.Y.2d 802 Court N.Y. Decision date 1990-01-18 English

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p. 802
Corporate Property Investors et al., Respondents-Appellants, v Board of Assessors of the County of Nassau et al., Appellants-Respondents, and Garden City Union Free School District No. 18 et al., Respondents.
Submitted October 16, 1989;
decided January 18, 1990

Motion for leave to appeal dismissed upon the grounds that

p. 803
(1) so much of the order sought to be appealed from as addresses plaintiffs’ claims against movants does not finally determine the action within the meaning of the Constitution and it is not a nonfinal order of the type within the meaning of CPLR 5602 (a) (2), and (2) movants are not aggrieved by so much of the order sought to be appealed from as dismissed the complaint against the school districts (CPLR 5511). Motion for consolidation dismissed as academic. Cross motion for leave to appeal (1) from so much of the Appellate Division order as denied plaintiffs summary judgment against the county defendants, dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution and it is not a nonfinal order of the type within the meaning of CPLR 5602 (a) (2), (2) as joined in by American Plan (875 Merrick Associates) and County Federal Savings and Loan Association dismissed upon the ground that they are not parties aggrieved (CPLR 5511), and (3) cross motion for leave to appeal otherwise denied. Cross motions for consolidation and for notice to the Attorney-General dismissed as academic.