Cerullo v. Cerullo

Full title: JOSEPH CERULLO, Appellant, v. JOHN J. CERULLO et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Mar 15, 1973

32 N.Y.2d 676 (N.Y. 1973)

343 N.Y.S.2d 358

296 N.E.2d 255

Opinion

Submitted February 20, 1973

Decided March 15, 1973

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, GILBERT H. KING, J.

Frank A. Aloi and Richard A. Goetz for motion.

Francis J. Offermann, Jr. opposed.

Motion 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.