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BANK OF AM. NAT'L TRUST & SAV. ASS'N v. SORG

36 N.Y.2d 664 (1975)

Bank of America National Trust and Savings Association, Respondent, v. Francis J. Sorg, Jr. et al., Appellants.

Court of Appeals of the State of New York.

Decided February 12, 1975.

Attorney(s) appearing for the Case

Bruce V. Weitzen and Vincent Albanese for motion.

James B. M. McNally opposed.

On defendants' motion for leave to appeal only from that portion of the order of the Appellate Division, entered December 3, 1974, which dismissed the counterclaim, such counterclaim deemed severed and dismissal thereof thus held to be a final determination (Sirlin Plumbing Co. v. Maple Hill Homes, 20 N.Y.2d 401, 403; cf. CPLR 5602, subd. [a], par. 1, cl. [i]). Motion denied with $20 costs and necessary reproduction...

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