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Tait v. Lattingtown Harbor Development Co.

Court of Appeals of the State of New York
Jan 23, 1963
188 N.E.2d 794 (N.Y. 1963)

Opinion

Argued January 15, 1963

Decided January 23, 1963

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK A. GULOTTA, J.

Michael J. Halpern for appellant.

Samuel L. Meltz for respondent.


Appeal dismissed, without costs, upon the ground that the judgment appealed from does not necessarily affect the final judgment in this action. Where a motion is made for counsel fees within an action, the determination of that motion lacks finality ( Weinstein v. Behn, 298 N.Y. 506; Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd. [e]; § 39).


Summaries of

Tait v. Lattingtown Harbor Development Co.

Court of Appeals of the State of New York
Jan 23, 1963
188 N.E.2d 794 (N.Y. 1963)
Case details for

Tait v. Lattingtown Harbor Development Co.

Case Details

Full title:DOROTHY M. TAIT, Individually and on Behalf of All Others Similarly…

Court:Court of Appeals of the State of New York

Date published: Jan 23, 1963

Citations

188 N.E.2d 794 (N.Y. 1963)
188 N.E.2d 794
238 N.Y.S.2d 522

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