Rusciano & Son Corp. v. Roche

55 N.Y.2d 701 | NY | 1981

Motions by respondents-appellants for leave to appeal denied. On the court’s own motion, appeal taken as of right by petitioners-appellants-respondents dismissed, without costs, upon the ground that the Appellate Division order (70 AD2d 953) granting a new trial, here brought up for review, did not “necessarily affect” the final order, as required by CPLR 5601 (subd [d]). (Cohen and Karger, Powers of the New York Court of Appeals, § 79, pp 344-345.)