Majority
p. 737Steven Boulukos et al., Plaintiffs, v 213 P.A.S., L.L.P., Defendant. (And a Third-Party Action.) 213 P.A.S., L.L.P, Second Third-Party Plaintiff-Respondent, v City Scaffolding Corp., Second Third-Party Defendant-Appellant. Submitted November 1, 2004; decided December 21, 2004
Motion, insofar as it seeks leave to appeal from the Appellate Division order, dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from the subsequently entered Supreme Court judgment, dismissed upon the ground that simultaneous appeals do not lie to the Appellate Division and the Court of Appeals (see Parker v Rogerson, 35 NY2d 751 , 753 [1974]).
Cases cited
- Parker v. Rogerson 35 NY2d 751 at 753 p. 737