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AESMAN v. FOX

26 A.D.2d 739 (1966)

Mary Aesman, Respondent, v. Dolores Fox et al., Appellants Sybil Robertson, Respondent, v. Dolores Fox et al., Appellants Agnes Ilgen, Respondent, v. City of Albany et al., Appellants William F. Ilgen, Respondent, v. City of Albany et al., Appellants

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

July 18, 1966

REYNOLDS, J.

The appeal from so much of the order as denied the motion to dismiss pursuant to CPLR 4401 must be dismissed in the instant case since no appeal lies therefrom under CPLR 5701 (Covell v. H. R. H. Constr. Corp., 24 A.D.2d 566, affd. 17 N.Y.2d 709). Furthermore, since there must in any event be a new trial as to the other...

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