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  5. 21 N.Y.2d 876 (1968)
 

24 ROCK CORP. v. TOMASELLO BROS., INC.

21 N.Y.2d 876 (1968)

24 Rock Corp., Respondent, v. Tomasello Bros., Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant. Colonial Blue Diamond Mortar Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 29, 1968.

Attorney(s) appearing for the Case

Frank S. Polestino for motion.

Milton S. Teicher opposed.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the determination sought to be reviewed involved a question of discretion of the type not reviewable by the Court of Appeals (Los Angeles Inv. Securities Corp. v. Joslyn, 282 N.Y. 438, 442; Matter of City of New York [Vernon Parkway], 285 N...

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