Karell Realty Corp. v. State

Appeal dismissed, without costs, on the ground that the prior determination of the Appellate Division is not one which necessarily affects the final judgment sought to be appealed by the claimant. (CPLR 5601, subd. [d]; see Buffalo Elec. Co. v. State of New York, 14 N Y 2d 453; see, also, Cohen and Karger, Powers of the New York Court of Appeals, § 79, p. 344.)

Concur: Chief Judge Fuld and Judges Burke, Scilepfi and Bergan. Judges Breitel and Jasen dissent and vote to affirm in the following memorandum. Taking no part: Judge Gibson.

Dissenting memorandum. The judgment appealed from should be…