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BEATRICE ROSEN ET AL. v. IDA BAKST (10/02/69)

decided: October 2, 1969.

BEATRICE ROSEN ET AL., APPELLANTS,
v.
IDA BAKST, RESPONDENT, ET AL., DEFENDANTS



Reported below, 32 A.D.2d 615. Motion for leave to appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered April 21, 1969, which unanimously affirmed, insofar as appealed from, an order of the Supreme Court at Special Term (Charles J. Beckinella, J.), entered in Kings County, which, among other things, denied a motion by plaintiffs to reargue a motion, previously denied, for an order setting down the action for an assessment of damages or, in the alternative, to compel defendant-respondent to interpose an answer upon service of a duplicate copy of the complaint.

Motion dismissed, with $10 costs and necessary reproduction disbursements, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Disposition

Motion dismissed, with $10 costs and necessary reproduction disbursements, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

19691002

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