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ROSE v. BAILEY

28 N.Y.2d 857 (1971)

Jerry B. Rose et al., Appellants, v. Susan Bailey et al., Respondents.

Court of Appeals of the State of New York.

Decided April 21, 1971.

Attorney(s) appearing for the Case

Bower, O'Connor & Gardner for motion.

Irving Lemov opposed.

Motion granted and appeal dismissed, without costs. Although the order of the Appellate Division is final insofar as it affirms the dismissal of plaintiffs-appellants' causes of action for personal injury and for loss of consortium — since said causes of action are treated as severed (see Sirlin Plumbing Co. v. Maple Hill Homes, 20 N.Y.2d 401) — an appeal does not lie as of right. The dissent with respect to that portion...

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