CRAVEN v. GAZZA, 14 N.Y.2d 542 (1964)

248 N.Y.S.2d 640, 198 N.E.2d 31

GEORGE J. CRAVEN, as Director of the DEAN PAVING CORPORATION, Respondent-Appellant, v. JOSEPH A. GAZZA et al., Appellants-Respondents. (Action No. 1.) JOSEPH A. GAZZA, as a Stockholder and on Behalf of DEAN PAVING CORPORATION, Appellant-Respondent, v. GEORGE J. CRAVEN et al., Respondents-Appellants. (Action No. 2.)

Court of Appeals of the State of New York.Submitted February 17, 1964
Decided February 20, 1964

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD TESSLER, J.

Richard C. Cahn for motion and opposed to cross motion.

Moe Sobel and Charles S. Lubin for cross motion and opposed to motion.

Page 543

Motion granted as to the appeal in action No. 1 upon the ground that the modification as to the award of costs is discretionary and not reviewable by the Court of Appeals and as to the appeal in action No. 2 the order is not a final order within the meaning of the Constitution.

Cross motion granted upon the ground that the order is not a final order within the meaning of the Constitution.

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