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MARTIN v. ALABAMA 84 TRUCK RENTAL, INC.

33 N.Y.2d 820 (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 November 21, 1973.

MOTION for reconsideration of motion to dismiss appeal [see 33 N.Y.2d 685] granted, and upon reconsideration, appeal transferred to the Appellate Division. The Appellate Division order granting a new trial did not "necessarily affect" the final judgment as required to allow a direct appeal as of right from the judgment (CPLR 5601, subd. [d]). Accordingly, the appeal should be transferred to the...

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