BARTOO v. BUELL


84 N.Y.2d 885 (1994)

644 N.E.2d 1344

620 N.Y.S.2d 788

Philip R. Bartoo, Appellant, v. Robert O. Buell, Respondent. Dennis E. Pangburn, Appellant, v. Robert O. Buell, Respondent. Allen Skiver, Jr., et al., Appellants, v. Robert O. Buell, Defendant and Third-Party Plaintiff-Respondent. General Roofing & Heating Co., Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 25, 1994.


Attorney(s) appearing for the Case

Embser & Woltag, P. C., Wellsville (G. William Gunner of counsel), for Philip R. Bartoo and another, appellants.

Joseph C. Dwyer, Olean, for Allen Skiver, Jr., and another, appellants.

Shane & Franz, Olean (J. Michael Shane of counsel), for Robert O. Buell, defendant and third-party plaintiff-respondent.

Chamberlain D'Amanda Oppenheimer & Greenfield, Rochester (Henry R. Ippolito of counsel), for third-party defendant-respondent.

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


MEMORANDUM.

The appeals taken by the Bartoo and Pangburn plaintiffs and by the Skiver plaintiffs, respectively, should each be dismissed upon the ground that the June 2, 1994 Supreme Court order appealed from pursuant to CPLR 5601 (d) in order to secure review of prior nonfinal Appellate Division orders, does not itself finally determine the actions within the meaning of the Constitution.

The June 2, 1994 Supreme...

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