Javarone v. Pallone

90 N.Y.2d 884 Court N.Y. Decision date 1997-07-02 English

Contents

Majority

p. 884

Anthony P. Javarone, Appellant, et al., Plaintiff, v Gina M. Pallone et al., Defendants, and Dawn M. Moore, Respondent. (And Another Related Action.)

Submitted June 23, 1997;

decided July 2, 1997

p. 885

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the Appellate Division order denying appellant’s motion to vacate his stipulation of discontinuance does not "necessarily affect” the final judgment, as required by CPLR 5601 (d).