Hyperlawhypertext legal database Municipal Service Co. v. Town of Colonie 9 N.Y.2d 753

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Municipal Service Co. v. Town of Colonie

9 N.Y.2d 753 Court N.Y. Decision date 1961-03-02 English

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p. 753
Municipal Service Company, Appellant, v. Town of Colonie, Respondent.
Submitted February 20, 1961;
decided March 2, 1961.

Headnote

Reported below, 12 A D 2d 22 .
p. 754
Carl 0. Olson for motion.
John W. Tabner and Robert P. Heywood opposed.

Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act.

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