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ZIPAY v. BENSON

42 N.Y.2d 1052 (1977)

Richard Zipay et al., Appellants, v. H. Coolidge Benson et al., Defendants and Third-Party Plaintiffs-Respondents. Dyer Fitts Construction Co., Inc., Third-Party Defendant-Respondent. (And Another Action.)

Court of Appeals of the State of New York.

Decided October 6, 1977.

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not "necessarily affect" the final judgment, as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 N.Y.2d 685; Cohen and Karger, Powers of the New York Court of Appeals, §...

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