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BURGESS v. COLEY

26 Misc.2d 76 (1960)

James Burgess, Appellant, v. Priscilla Coley, Respondent.

Supreme Court, Appellate Term, Second Department.

May 31, 1960

Attorney(s) appearing for the Case

Mary B. Tarcher and Antonio Mareno for appellant. Pruzan, Levy & Pruzan (Philip Levy of counsel), for respondent.

Concur — HART, DI GIOVANNA and BENJAMIN, JJ.

Per Curiam.

Appeal from order denying plaintiff's motion for summary judgment without prejudice to a renewal of the motion dismissed, without costs. The order is not a final determination and therefore is not appealable. (Cooper v. Frankfort, N. Y. L. J., Nov. 14, 1955, p. 11, col. 5 [App. Term, 2d Dept.]; Belfi v. International Commercial Corp., 277 App. Div. 587; Richman v. Felmus, 8 A.D.2d 985;

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