Lorberblatt v. D. A. Gerst, Inc.
This text of 7 N.Y.2d 920 (Lorberblatt v. D. A. Gerst, Inc.) 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.
Opinion
Motion to dismiss appeal taken by plaintiff’s notice of appeal dated December 11, 1959 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the appeal does not lie as of right (Civ. Prac. Act, § 588, subd. 1; N. Y. Const., art. VI, § 7, subd. [1]; see, also, Topp v. Casco Prods. Corp., 7 N Y 2d 742). Appeal taken by plaintiff’s notice of appeal dated December 24,1959 dismissed upon the ground that the order sought to be appealed from does not finally determine the matter within the meaning of the Constitution.
Cross motion to dispense with the service and filing of an undertaking dismissed,
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7 N.Y.2d 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorberblatt-v-d-a-gerst-inc-ny-1960.