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HERBERT v. MORGAN DRIVE-A-WAY, INC.

84 N.Y.2d 835 (1994)

641 N.E.2d 147

617 N.Y.S.2d 127

Batoul Herbert et al., Appellants, v. Morgan Drive-a-Way, Inc., et al., Respondents, et al., Defendant. (Action No. 1.) Dorothy Mollicone, Appellant, v. Errol K. Miller et al., Respondents. (And a Third-Party Action.) (Action No. 2.)

Court of Appeals of the State of New York.

Decided September 1, 1994.

Attorney(s) appearing for the Case

Cynthia Feathers, Saratoga, and Eli B. Basch, Kingston, for Batoul Herbert and another, appellants.

Hurley, Fox, Selig & Kelleher, Stony Point (Jeanne M. Hurley and Benjamin E. Selig of counsel), for Dorothy Mollicone, appellant.

Petito & LaRose, Poughkeepsie (Keith V. LaRose of counsel), for Morgan Drive-A-Way, Inc. and Errol K. Miller, respondents.

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal by the Herberts dismissed, without costs, upon the ground that the Appellate Division order does not finally determine action No. 1 within the meaning of the Constitution. The order appealed from in action No. 1 does not resolve plaintiffs' claim against Dorothy Mollicone, and her cross claim against defendants Morgan...

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