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KARELL REALTY CORP. v. STATE

29 N.Y.2d 935 (1972)

Karell Realty Corporation, Appellant, v. State of New York, Respondent. (Claim No. 42655.)

Court of Appeals of the State of New York.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Abraham Streifer and Louis Berger for appellant.

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Ruth Kessler Toch of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI and BERGAN. Judges BREITEL and JASEN dissent and vote to affirm in the following memorandum. Taking no part: Judge GIBSON.

Appeal dismissed, without costs, on the ground that the prior determination of the Appellate Division is not one which necessarily affects the final judgment sought to be appealed by the claimant. (CPLR 5601, subd. [d]; see Buffalo Elec. Co. v. State of New York, 14 N.Y.2d 453; see, also, Cohen and Karger, Powers of the New York Court of Appeals, § 79, p. 344.)

Dissenting memorandum.

The judgment appealed from...

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