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MATTER OF KLEIN

307 N.Y. 909 (1954)

In the Matter of Abe Klein, Appellant. Samuel A. Larner, Respondent.

Court of Appeals of the State of New York.

Decided December 2, 1954

Attorney(s) appearing for the Case

Bertram H. Siegeltuch and Walter M. Weisberg for motion to dismiss appeal.

Solomon Roshevsky opposed.

Motion to dismiss appeal granted upon the ground that the order appealed from does not finally determine the special proceeding within the meaning of the Constitution. While Matter of Mohawk Overall Co. (210 N.Y. 474) may indicate otherwise, the precise question here presented was there neither raised nor discussed. In this special proceeding (Civ. Prac. Act, art. 30) the final order is that requiring the witness to appear (Rules Civ. Prac., rule 137), and not the...

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