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LORBERBLATT v. D. A. GERST, INC.

7 N.Y.2d 920 (1960)

Morris Lorberblatt, Appellant, v. D. A. Gerst, Inc., Respondent.

Court of Appeals of the State of New York.

Decided January 21, 1960.

Attorney(s) appearing for the Case

Jacob L. Rothstein and Bernard Helfenstein for motion and opposed to cross motion.

Dora Aberlin opposed to motion and for cross motion.

Motion to dismiss appeal taken by plaintiff's notice of appeal dated December 11, 1959 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the appeal does not lie as of right (Civ. Prac. Act, § 588, subd. 1; N. Y. Const., art. VI, § 7, subd. [1]; see, also, Topp v. Casco Prods. Corp., 7 N.Y.2d 742). Appeal taken by plaintiff's notice of appeal dated December 24, 1959 dismissed upon the...

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