FRACCOLA v. LLP (2022)

Court of Appeals of New York.

Albert G. FRACCOLA, Jr., etc., Appellant, v. 1ST CHOICE REALTY, INC., etc. et al., Defendants, Getnick, Livingston, Atkinson, Gigliotti and Priore, LLP et al., Respondents.

Decided: September 08, 2022

Appeal, insofar as taken from so much of the Appellate Division order as affirmed so much of the Supreme Court order as, upon appellant's motion, adhered to the prior dismissal of the complaint, dismissed without costs, by the Court sua sponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question; appeal otherwise dismissed without costs, by the Court sua sponte, upon the ground that the remaining portion of the order does not finally determine the action within the meaning of the Constitution.

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