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FIRST WESTCHESTER NAT. BANK v. OLSEN

19 N.Y.2d 342 (1967)

First Westchester National Bank et al., as Trustees under the Will of Anna L. Bisland, Deceased, on Behalf of Themselves and All Other Stockholders of Kensington Plaza Garages, Inc., Similarly Situated, Appellants, v. Arthur S. Olsen et al., Respondents.

Court of Appeals of the State of New York.

Decided April 11, 1967.

Attorney(s) appearing for the Case

Abraham Hornstein and Lawrence R. Condon for appellants.

Timothy J. Sullivan, Richard Swan Buell and Kenneth C. Schwartz for respondents.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, KEATING and BREITEL concur.

BERGAN, J.

This case is concerned with the area of review appropriate to an appeal taken to the Court of Appeals pursuant to subdivision (d) of section 5601 of the CPLR from a final judgment entered upon a prior nonfinal order of the Appellate Division which "necessarily affects" the final judgment appealed from.

On such an appeal the "scope of review" extends only to the nonfinal determination of the...

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