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GILROY v. AMER. BROAD.

46 N.Y.2d 580 (1979)

Frank D. Gilroy, Respondent, v. American Broadcasting Company, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Philip R. Forlenza, Clarence Fried and Rafael pastor for American Broadcasting Company, Inc., and others, appellants.

Stephen F. Huff and Sandra L. Grayson for Four Star International, Inc., and another, appellants.

Robert Ehrenbard, Charles E. McTiernan, Jr., and Arthur R. Lehman for respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER and FUCHSBERG concur in Per Curiam opinion; Judge JONES dissents and votes to dismiss in part the appeal taken as of right, grant defendants' oral motions for leave to appeal and review on the merits the June 16, 1977 order of the Appellate Division in a separate opinion in which Judge JASEN concurs.

Per Curiam.

Consistent with past practice and explicit statutory prescription, we hold that a final judgment or order which is appealable by virtue of CPLR 5601 (subd [d]) brings up for review only the prior nonfinal order of the Appellate Division which is the predicate for the appeal (CPLR 5501, subd [b]; Matter of Farber v U. S. Trucking Corp., 26 N.Y.2d 44, 55; Buffalo...

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