CITY OF BUFFALO v. J. W. CLEMENT CO., INC.


27 N.Y.2d 794 (1970)

City of Buffalo, Appellant-Respondent, v. J. W. Clement Company, Inc. (Correct Corporate Name J. W. Clement Company), Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 8, 1970.


Attorney(s) appearing for the Case

J. Clement Johnston for respondent-appellant.

Anthony Manguso, Corporation Counsel (John P. Egan of counsel), for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman, Ruth Kessler Toch, Jean M. Coon and Emil Woldar of counsel), amicus curiae and in his statutory capacity under section 71 of the Executive Law.


Appeals dismissed, without costs, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution. The Appellate Division, in ordering a modification of the Supreme Court's judgment, remitted the case to that court for a hearing and determination of issues with respect to (1) an extra allowance to the landowner, (2) costs and (3) disbursements. This remission rendered the Appellate Division's determination nonfinal...

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