LIZZA INDUSTRIES, INC. v. LONG ISLAND LIGHTING COMPANY, 36 N.Y.2d 754 (1975)

368 N.Y.S.2d 830, 329 N.E.2d 664

LIZZA INDUSTRIES, INC., Appellant, v. LONG ISLAND LIGHTING COMPANY, Respondent.

Court of Appeals of the State of New York.
Decided March 20, 1975

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH LIFF, J.

Carlino Pearsall Soviero for appellant.

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 that the doctrine of implied severance is not applicable because the finally determined cause of action is not discrete from the transactions giving rise to counterclaims

Page 755

which are not finally determined. (See Behren v Papworth, 30 N.Y.2d 532; Walker v Sears, Roebuck Co., 36 N.Y.2d 695; Cohen and Karger, Powers of the New York Court of Appeals, pp 81, 84-93.)

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