Canadian Imperial Bank of Commerce v. Canada Life Assurance Co.

Full title: CANADIAN IMPERIAL BANK OF COMMERCE, Appellant, v. CANADA LIFE ASSURANCE…

Court: Court of Appeals of the State of New York

Date published: Jul 15, 1974

34 N.Y.2d 959 (N.Y. 1974)

359 N.Y.S.2d 569

316 N.E.2d 881

Opinion

Submitted April 15, 1974

Decided July 15, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BERNARD NADEL, J.

William E. Kelly and Charles M. Pratt, Jr. for motion.

Jerome Murray and Donald M. Lefari opposed.

Motion granted and appeal dismissed, without costs, upon the ground that the appeal as of right does not lie. The modification at the Appellate Division was based upon the exercise of discretion and, no substantial claim of abuse of discretion appearing, the modification is not in a respect which is within the power of the Court of Appeals to review. (CPLR 5601, subd. [a], par. [iii].)