¶1*677Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the. Constitution (N. Y. Const., art. VI, § 3, par. b; CPLR 5601). Although the Appellate Division stated that plaintiff could not maintain this action and denied summary judgment in his favor, it did not direct summary judgment in favor of defendants.
32 N.Y.2d 676
Cerullo v. Cerullo
Decided March 15, 1973
New York Court of Appeals · decided 1973-03-15
Decided 1973-03-15