Legal Opinion
Lizza Industries, Inc. v. Long Island Lighting Co.
New York Court of Appeals
Decided March 20, 1975PublishedCited by 87 opinions
1Opinion of the Court
Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution and that the doctrine of implied severance is not applicable because the finally determined cause of action is not discrete from the transactions giving rise to counterclaims *755which are not finally determined. (See Behren v Papworth, 30 NY2d 532; Walker v Sears, Roebuck & Co., 36 NY2d 695; Cohen and Karger, Powers of the New York Court of Appeals, pp 81, 84-93.)
2Cases cited2 opinions
- Walker v. Sears, Roebuck & Co.New York Court of Appeals · 1975
- Behren v. PapworthNew York Court of Appeals · 1972
3Cited by87 opinions
- Burke v. CrossonNew York Court of Appeals · 1995
- In re the Estate of PiccioneNew York Court of Appeals · 1982
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
- Ayer v. Sky Club, Inc.New York Court of Appeals · 1979
- Wegman v. Dairylea Cooperative, Inc.New York Court of Appeals · 1976
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