KORNSTEIN v. NEW YORK TEL. CO.


26 A.D.2d 820 (1966)

Muriel Kornstein et al., Respondents, v. New York Telephone Company et al., Appellants Percy Kornstein, Respondent, v. New York Telephone Company, Appellant

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

October 3, 1966


Appeal from order of September 9, 1965 dismissed, without costs. No appeal lies from such an order (Creason v. Jaeger, 16 A.D.2d 838). Order of July 22, 1965 reversed insofar as appealed from, without costs, and plaintiffs' motion for a preference denied.

Trial Term granted the preference solely on "jurisdictional grounds", relying on Schott v. Hertz Corp. (19 A.D.2d 643). The rule...

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