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JOHN J. WEISENT v. CITY NEW YORK (05/15/68)

COURT OF APPEALS OF NEW YORK 1968.NY.41617 <http://www.versuslaw.com>; 238 N.E.2d 753; 22 N.Y.2d 670 decided: May 15, 1968. JOHN J. WEISENT, RESPONDENT,v.CITY OF NEW YORK, APPELLANT Reported below, 29 A.D.2d 776. J. Lee Rankin, Corporation Counsel, for appellant. Weinstein, Chayt & Bard for respondent.


Reported below, 29 A.D.2d 776.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that appellant, having been partially successful in the Appellate Division, may not appeal to this court as a matter of right upon a stipulation for judgment absolute pursuant to CPLR 5601 (subd. [c]). (Langer v. Amalgamated Mut. Auto. Cas. Co., 9 N.Y.2d 787; Fiscella v. Nassau Term. Bowling Alleys, 3 N.Y.2d 794; Anchin, Block & Anchin v. Pennsylvania Coal & Coke Corp., 308 N. Y. 985.)

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