United Paperboard Co. v. Iroquois Pulp & Paper Co.

The defendant upon this motion for reargument, and in the alternative, for leave to appeal to the Court of Appeals, questions the power of this court under section 584 of the Civil Practice Act to direct judgment for an injunction and remit the case to the Special Term for the assessment of damages. (See 216 App. Div. 639.)

We construe the words “ final judgment upon the right of any or all of the parties ” in section 584 of the Civil Practice Act, broadly to include all such final determinations of a party’s right as could have been made by the trial court. (Lamport v. Smedley, 213 N. Y. 82;…