Flushing National Bank v. City of New York

38 N.Y.2d 999 | NY | 1976

Appeal transferred, without costs, by the Court of Appeals sua sponte to the Appellate Division, First Department. A direct appeal does not lie where the judgment appealed from does not finally determine the action (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2).