Tauber v. Bankers Trust Co.
This text of 735 N.E.2d 1286 (Tauber v. Bankers Trust Co.) 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 for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. The judgment affirmed by the Appellate Division purports to expressly sever a determined part of the second counterclaim from the pending portion of that counterclaim. The Court of Appeals will not give effect to a severance which splits a single cause of action (see, Burke v Crosson, 85 NY2d 10, 18, n 5; Sontag v Sontag, 66 NY2d 554, 555).
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Cite This Page — Counsel Stack
735 N.E.2d 1286, 95 N.Y.2d 848, 713 N.Y.S.2d 520, 2000 N.Y. LEXIS 1798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tauber-v-bankers-trust-co-ny-2000.