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MARTIN v. ALABAMA 84 TRUCK RENTAL, INC.

33 N.Y.2d 685 (1973)

Charles P. Martin, Appellant, v. Alabama 84 Truck Rental, Inc. et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 11, 1973.

Attorney(s) appearing for the Case

Michael B. Schad and A. Allen Stanger for motion.

Eugene A. Wolkoff opposed.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the Appellate Division order granting a new trial did not "necessarily affect" the final judgment, as required to allow an appeal as of right from the judgment (CPLR 5601, subd. [d]; Town of Peru v. State of New York, 30 N.Y.2d 859; Karell Realty Corp. v. State of New York, 29 N.Y.2d 935; Matter...

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