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PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK v. FROTA OCEANICA BRASILEIRA, S.A.

300 A.D.2d 217 (2002)

755 N.Y.S.2d 1

PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, Appellant, v. FROTA OCEANICA BRASILEIRA, S.A., et al., Respondents. PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, Appellant-Respondent, v. FROTA OCEANICA BRASILEIRA, S.A., et al., Respondents, and OMNIUM TRANSPORTATION CO. et al., Respondents-Appellants. PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, Appellant-Respondent, v. FROTA OCEANICA BRASILEIRA, S.A., et al., Respondents-Appellants.

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

Decided December 31, 2002.

The motion court's determinations, purportedly appealed and cross-appealed from, not to revisit earlier orders in the case fixing the applicable law as that articulated in Garrett v Moore-McCormack Co. (317 U.S. 239) and directing an immediate trial solely on the issue of whether the subject releases were valid and enforceable, are not appealable (see Perlman v Petratos, 284 A.D.2d 269). Were...

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