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Ocera v. Zito

86 N.Y.2d 884 Court N.Y. Decision date 1995-11-02 English

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p. 884
Christopher Ocera, Appellant, v Joseph Zito et al., Defendants, and Mr. Natural, Inc., Respondent. (And a Third-Party Action.)
Submitted August 21, 1995;
decided November 2, 1995

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed that part of Supreme Court’s order denying plaintiff’s motion to strike defendant Mr. Natural’s answer, dismissed upon the ground that that portion of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied, with $100 costs and necessary reproduction disbursements.