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BRODSKY v. SELDEN SANITARY CORP.

83 A.D.2d 845 (1981)

Bruce Brodsky et al., on Behalf of Themselves and All Other Former Residential Customers of Selden Sanitary Corp., Similarly Situated, Respondents, v. Selden Sanitary Corp., Appellant, et al., Defendants

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

August 10, 1981

Appeal dismissed, without costs or disbursements.

In effect, defendant Selden's application "was one `seeking rulings on an examination before trial' (Klein v Schneiderman, 58 A.D.2d 763). Orders made upon questions propounded at an examination before trial are not appealable as of right" (see Siegal v Arnao, 61 A.D.2d 812). No application for leave to appeal has been made in the...

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