Opinion

Til v. O'Brien

40 N.Y.2d 902
389 N.Y.S.2d 365
357 N.E.2d 1020
1976 N.Y. LEXIS 3118

Court: New York Court of Appeals
Filed: Oct 21, 1976
Status: Published
Cited by: 3 cases
Authority: More cited than 73.1%

The opinion

Appeal dismissed, without costs, by the Court of Appeals sua spon te upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. To the extent that Marco v Sachs ( 10 NY2d 542 ) would seem to suggest a contrary result, it is not to be followed (see Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd [b], p 143).

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