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THOMAS MIXON v. 2724 8TH AVE. CORP. ET AL. (11/27/68)

COURT OF APPEALS OF NEW YORK 1968.NY.43689 <http://www.versuslaw.com>; 244 N.E.2d 83; 23 N.Y.2d 736 decided: November 27, 1968. THOMAS MIXON, APPELLANT,v.2724 8TH AVE. CORP. ET AL., RESPONDENTS Motion for leave to appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered July 16, 1968, which denied a motion by plaintiff for leave to reargue a prior motion made by him, denied by said Appellate Division, for leave to appeal to said court from a judgment of the Appellate Term of the Supreme Court in the First Judicial Department, entered January 5, 1968, affirming a judgment of the Civil Court of the City of New York (Beatrice K. Cass, J.), rendered in New York County. Thomas Mixon, pro se, for motion. Henry Wolfman and Nathan Cyperstein opposed.


Motion for leave to appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered July 16, 1968, which denied a motion by plaintiff for leave to reargue a prior motion made by him, denied by said Appellate Division, for leave to appeal to said court from a judgment of the Appellate Term of the Supreme Court in the First Judicial Department, entered January 5, 1968, affirming a judgment of the Civil Court of the City of New York (Beatrice K. Cass, J.), rendered in New York County.

Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution and upon the further ground that an appeal would lie only by leave of the Appellate Division in this action which originated in the Civil Court of the City of New York (N. Y. Const., art. VI, § 3, subd. b, par. [7]; CPLR 5601, subd. [a]; 5602, subd. [b], par. 2).

19681127

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