# Til v. O'Brien

> New York Court of Appeals · October 21, 1976 · 40 N.Y.2d 902

URL: https://www.frixlaw.com/law-library/cases/5530931

## Case

- **Full name:** Frank Z. Til v. James V. O'Brien
- **Court:** New York Court of Appeals
- **Decided:** October 21, 1976
- **Citations:** 40 N.Y.2d 902; 389 N.Y.S.2d 365; 357 N.E.2d 1020; 1976 N.Y. LEXIS 3118
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5530931

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5530931. Public record. Not legal advice.