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TEPPER v. TANNENBAUM

67 A.D.2d 882 (1979)

Nat Tepper, Plaintiff, v. Samuel Tannenbaum et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 22, 1979

Motion for leave to reargue or to appeal is denied, without costs. Since the order sought to be appealed directed a new trial, an appeal to the Court of Appeals may only be taken as of right by stipulating for judgment absolute (CPLR 5601, subd [c]; New York Cent. & Hudson Riv. R. R. Co. v State of New York, 166 N.Y. 286; United Nat. Bank v Ettinger, 60 A.D.2d 670; 7 Weinstein-Korn-Miller, NY Civ Prac, par 5602...

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