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Berliner Handels-und Frankfurter Bank v. Coppola

Citations: 86 N.Y.2d 829; 658 N.E.2d 211; 634 N.Y.S.2d 434; 1995 N.Y. LEXIS 3638

Court: New York Court of Appeals; September 21, 1995; New York; State Supreme Court

Narrative Opinion Summary

The motion is dismissed regarding the request for leave to appeal from the Appellate Division order that upheld the Supreme Court's denial of the appellants' motion for reargument or renewal. The dismissal is based on the determination that this part of the order does not constitute a final decision in the context of constitutional criteria. Additionally, the motion for leave to appeal on other grounds is denied, and the appellants are ordered to pay $100 in costs along with necessary reproduction disbursements.

Legal Issues Addressed

Costs Imposed on Denial of Motion for Leave to Appeal

Application: The court ordered the appellants to pay costs and necessary disbursements following the denial of their motion for leave to appeal on other grounds.

Reasoning: Additionally, the motion for leave to appeal on other grounds is denied, and the appellants are ordered to pay $100 in costs along with necessary reproduction disbursements.

Final Decision Requirement for Appeal

Application: The court determined that the order in question is not a final decision within the meaning of constitutional standards, thereby dismissing the motion for leave to appeal.

Reasoning: The dismissal is based on the determination that this part of the order does not constitute a final decision in the context of constitutional criteria.