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Donaldson, Lufkin & Jenrette, Inc. v. Vigilant Insurance

Citations: 85 N.Y.2d 1021; 631 N.Y.S.2d 281; 655 N.E.2d 395; 1995 N.Y. LEXIS 2209

Court: New York Court of Appeals; June 14, 1995; New York; State Supreme Court

Narrative Opinion Summary

The motion for leave to appeal concerning the Appellate Division's affirmation of the Supreme Court's denial of the plaintiffs' request to amend their complaints has been dismissed. The dismissal is based on the determination that the portion of the order being appealed does not constitute a final decision in the context of constitutional requirements. The remainder of the motion for leave to appeal is also denied. The court has awarded costs of $100 and necessary reproduction disbursements.

Legal Issues Addressed

Costs and Disbursements Awarded upon Dismissal

Application: Upon dismissal of the motion for leave to appeal, the court awarded costs and necessary disbursements, underscoring the financial consequences associated with the appeal process.

Reasoning: The court has awarded costs of $100 and necessary reproduction disbursements.

Finality of Decision in Constitutional Context

Application: The court determined that the portion of the order being appealed did not meet the criteria for a final decision as required by constitutional standards, leading to the dismissal of the motion for leave to appeal.

Reasoning: The dismissal is based on the determination that the portion of the order being appealed does not constitute a final decision in the context of constitutional requirements.