BERNSTEIN v. BERMAN, 39 N.Y.2d 941 (1976)

386 N.Y.S.2d 584, 352 N.E.2d 889

Court of Appeals of the State of New York.
Decided June 17, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.

Carl O. Callender for appellant.

Max Schorr for respondent.

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution, and upon the further ground it involves a question of discretion of the type not reviewable by the Court of Appeals (Cohen and Karger, Powers of the New York Court of Appeals, § 147, p 585).