Legal Opinion

Herbert v. Morgan Drive-A-Way, Inc.

New York Court of Appeals

Decided September 1, 1994PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal by the Herberts dismissed, without costs, upon the ground that the Appellate Division order does not finally determine *838action No. 1 within the meaning of the Constitution. The order appealed from in action No. 1 does not resolve plaintiffs’ claim against Dorothy Mollicone, and her cross claim against defendants Morgan Drive-A-Way, Inc. and Errol K. Miller has never been dismissed. Accordingly, claims remain pending with respect to all parties in action No. 1. On…

2Cases cited1 opinion

  1. Herbert v. Morgan Drive-Away, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by28 opinions

  1. People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. BaxterAppellate Division of the Supreme Court of the State of New York · 2003
  3. Pawlukiewicz v. BoissonAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2024

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