Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BERNARD FALCONE v. MYRTLE M. FALCONE (11/27/68)

COURT OF APPEALS OF NEW YORK 1968.NY.43686 <http://www.versuslaw.com>; 244 N.E.2d 84; 23 N.Y.2d 738 decided: November 27, 1968. BERNARD FALCONE, RESPONDENT,v.MYRTLE M. FALCONE, APPELLANT Reported below, 29 A.D.2d 829. George M. Donohue for appellant. Nunzio Rizzo for respondent.


Reported below, 29 A.D.2d 829.

Appeal dismissed, without costs and without prejudice to a motion for leave to appeal (CPLR 5514, subd. [a]), upon the ground that no appeal lies as of right to the Court of Appeals from a unanimous affirmance by the Appellate Division. The additional finding made by the Appellate Division is merely an added ground for its decision and does not constitute a modification of the trial court's determination (Cohen and Karger, Powers of the New York Court of Appeals, p. 223). Emerson Garden Elec. Co. v. Seaboard Sur. Co. (15 N.Y.2d 1030), relied upon by appellant, involved a determination which constituted a modification by directing further action by the attorneys for the parties.

19681127

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.