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COVELL v. H. R. H. CONSTR. CORP.

24 A.D.2d 566 (1965)

Denton Covell, Respondent, v. H. R. H. Construction Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1965

Appeal dismissed, without costs. Inter alia, CPLR 5701 authorizes an appeal as of right where the order involves some part of the merits or affects a substantial right.

In our opinion, the order denying the defendant's oral motions embraced determinations in the nature of rulings by the court during the trial and is not appealable (Kramer v. United States Fid. & Guar. Co., 212 App. Div. 644; Courtier...

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