Martin v. Alabama 84 Truck Rental, Inc.
This text of 304 N.E.2d 366 (Martin v. Alabama 84 Truck Rental, 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 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the Appellate Division order granting a new trial did not “ necessarily affect ” the I . final judgment, as required to allow an appeal as of right from the judgment (CPLR 5601, subd. [d]; Town of Peru v. State of New York, 30 N Y 2d 859; Karell Realty Corp. v. State of New York, 29 N Y 2d 935; Matter of Satterlee, 2 N Y 2d 285, 290; Matter of Daus v. Gunderman & Sons, 283 N. Y. 459, 464; Cohen and Karger, Powers of the New York Court of Appeals, at pp. 317, 344). [Motion for reconsideration granted and appeal transferred 33 N Y 2d 820.]
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Cite This Page — Counsel Stack
304 N.E.2d 366, 33 N.Y.2d 685, 349 N.Y.S.2d 668, 1973 N.Y. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-alabama-84-truck-rental-inc-ny-1973.