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Louis N. Picciano & Son v. Olympic Construction Co.
Citations: 66 N.Y.2d 854; 498 N.Y.S.2d 366; 489 N.E.2d 253; 1985 N.Y. LEXIS 18306
Court: New York Court of Appeals; November 13, 1985; New York; State Supreme Court
Defendant Olympic Construction Co. Inc. successfully moved to dismiss the appeal against it, resulting in the dismissal of the appeal with costs awarded and an additional $20 for the motion. The court determined that the order being appealed does not constitute a final determination of the action as required by the Constitution. Additionally, the appeal against defendant Aetna Casualty and Surety Company was dismissed by the court on its own initiative, with no costs awarded, as it was deemed that the appeal does not lie as of right.