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Harry R. Defler Corporation v. Kleeman

Court of Appeals of the State of New York
Oct 20, 1966
18 N.Y.2d 797 (N.Y. 1966)

Opinion

Submitted October 17, 1966

Decided October 20, 1966

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ALFRED M. KRAMER, J.

Ralph L. Ellis for Francis S. Kleeman and Virginia Kleeman, appellants.

Edward G. Schneider, Jr., appellant pro se and for Patricia Schneider and Carchem Products Corp., appellants.

John G. Putnam, Jr., and Leonard W.M. Zingler for respondent.


Motion by defendants-appellants Kleeman denied. The two appeals to the Court of Appeals have been taken in pursuance of CPLR 5601 (d) from a final judgment at Special Term and are limited to the review of a prior order of the Appellate Division directing entry of an interlocutory judgment. The additional appeal by appellants Kleeman to the Appellate Division is to review the proceedings at Special Term subsequent to the entry of the interlocutory judgment. The hearing of the appeal to the Court of Appeals by appellants Schneider and Carchem Products Corp. should not be deferred because appellants Kleeman seek to pursue other appellate remedies.

Motion by plaintiff-respondent denied on condition appellants Kleeman be ready to argue or submit their appeal to the Court of Appeals at the time the appeal of appellants Schneider and Carchem Products Corp. is reached here for argument. In view of the appellate remedies separately pursued by appellants Schneider and Carchem Products Corp. in the Court of Appeals, appellants Kleeman should not be required to discontinue their appeal to the Appellate Division.


Summaries of

Harry R. Defler Corporation v. Kleeman

Court of Appeals of the State of New York
Oct 20, 1966
18 N.Y.2d 797 (N.Y. 1966)
Case details for

Harry R. Defler Corporation v. Kleeman

Case Details

Full title:HARRY R. DEFLER CORPORATION, Respondent, v. FRANCIS S. KLEEMAN et al.…

Court:Court of Appeals of the State of New York

Date published: Oct 20, 1966

Citations

18 N.Y.2d 797 (N.Y. 1966)
275 N.Y.S.2d 384
221 N.E.2d 914

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