O'Connell v. Schlegel Corp. — 89 N.Y.2d 1071

Majority

p. 1071

Robert D. O’Connell et al., Respondents, v Schlegel Corporation et al., Defendants. Thomas W. O’Connell, Appellant. Thomas W. O’Connell, Appellant, v Mitchell T. Williams, Respondent. (And Another Action.)

Submitted March 7, 1997;

decided May 8, 1997

On the Court’s own motion, appeal taken from the Appellate Division order affirming Supreme Court’s order dated September 15, 1995, dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion, insofar as it seeks leave to appeal from the Appellate Division order affirming Supreme Court’s order denying Thomas O’Connell’s motion for renewal and resettlement and granting Mitchell Williams’ motion to quash a subpoena duces tecum, dismissed upon the ground that that order sought to be appealed from does not finally determine the action within the

p. 1072

meaning of the Constitution; motion for leave to appeal otherwise denied. z

Judge Wesley taking no part.