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CANADIAN IMPERIAL BANK OF COMMERCE v. CANADA LIFE ASSURANCE CO.

34 N.Y.2d 959 (1974)

Canadian Imperial Bank of Commerce, Appellant, v. Canada Life Assurance Company, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 15, 1974.

Attorney(s) appearing for the Case

William E. Kelly and Charles M. Pratt, Jr. for motion.

Jerome Murray and Donald M. Lefari opposed.

Motion granted and appeal dismissed, without costs, upon the ground that the appeal as of right does not lie. The modification at the Appellate Division was based upon the exercise of discretion and, no substantial claim of abuse of discretion appearing, the modification is not in a respect which is within the power of the Court of Appeals to review. (CPLR 5601, subd. [a...

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