ORANGE & ROCKLAND UTILS., INC. v. HOWARD OIL CO., INC.


46 N.Y.2d 880 (1979)

Orange and Rockland Utilities, Inc., Appellant, v. Howard Oil Company, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 8, 1979.


Attorney(s) appearing for the Case

Robert K. Ruskin, Harry E. Youtt and Jeffrey L. Liddle for appellant.

Milton S. Gould, Ronald H. Alenstein, Geoffry R. Handler and Thomas J. Johnson for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The appeal should not be dismissed for nonfinality as contended by the defendant. The first and second causes of action which were dismissed are not inextricably interrelated with the third cause of action which is still pending. Essentially the various causes overlap only to the extent that they involve the sale of certain oil between...

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