Falcone v. Falcone

New York Court of Appeals

Falcone v. Falcone

244 N.E.2d 84, 23 N.Y.2d 738, 296 N.Y.S.2d 570, 1968 N.Y. LEXIS 1005

DecidedNovember 27, 1968

StatusPublished

This text of 244 N.E.2d 84 (Falcone v. Falcone) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Falcone v. Falcone, 244 N.E.2d 84, 23 N.Y.2d 738, 296 N.Y.S.2d 570, 1968 N.Y. LEXIS 1005 (N.Y. 1968).

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Opinion

Appeal dismissed, without costs and without prejudice to a motion for leave to appeal (CPLR 5514, subd. [a]), upon the ground that no appeal lies as of right to the Court of Appeals from a unanimous affirmance by the Appellate Division. The additional finding made by the Appellate Division is merely an added ground for its decision and does not constitute a modification of the trial court’s determination (Cohen and Karger, Powers of the New York Court of Appeals, p. 223). Emerson Garden Elec. Co. v. Seaboard Sur. Co. (15 N Y 2d 1030), relied upon by appellant, involved a determination which constituted a modification by directing further action by the attorneys for the parties.

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Appeal dismissed, without costs and without prejudice to a motion for leave to appeal (CPLR 5514, subd. [a]), upon the ground that no appeal lies as of right to the Court of Appeals from a unanimous affirmance by the Appellate Division. The additional finding made by the Appellate Division is merely an added ground for its decision and does not constitute a modification of the trial court’s determination (Cohen and Karger, Powers of the New York Court of Appeals, p. 223). Emerson Garden Elec. Co. v. Seaboard Sur. Co. (15 N Y 2d 1030), relied upon by appellant, involved a determination which constituted a modification by directing further action by the attorneys for the parties.

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Bluebook (online)

244 N.E.2d 84, 23 N.Y.2d 738, 296 N.Y.S.2d 570, 1968 N.Y. LEXIS 1005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falcone-v-falcone-ny-1968.