HELLENIC LINES LIMITED v. CHEMOLEUM CORPORATION, 29 N.Y.2d 904 (1972)

328 N.Y.S.2d 858, 279 N.E.2d 602

HELLENIC LINES LIMITED, Appellant-Respondent, v. CHEMOLEUM CORPORATION, Respondent-Appellant.

Court of Appeals of the State of New York.Argued December 1, 1971
Decided January 6, 1972

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING H. SAYPOL, J.

Page 905

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 906

Renato C. Giallorenzi for appellant-respondent.

John J. Foley, Robert P. Whelan and Daniel L. Stonebridge
for respondent-appellant.

On the appeal by plaintiff: Order affirmed, without costs (se Brown Jenkinson Co. Ltd. v. Percy Dalton [London] Ltd.
[1957] 2 Q.B. 621 [Court of Appeal]).

On the appeal by defendant: Appeal dismissed, without costs, upon the ground that the order insofar as appealed from does not finally determine the action within the meaning of the Constitution. No opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.