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FOX v. BOOTHE

40 N.Y.2d 894 (1976)

Ronald M. Fox et al., Respondents, v. Philip Boothe et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 19, 1976.

Motion to dismiss the appeal granted and appeal dismissed, without costs, upon the grounds (a) it does not lie as of right from the Appellate Division order dated May 10, 1976 (CPLR 5601) and (b) the Appellate Division order dated June 24, 1976 does not finally determine the action within the meaning of the Constitution.

Cross motion for leave to appeal dismissed upon the ground the order sought to be appealed from does not finally determine the action within the...

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