Gabriel Capital, L.P. v CAIB Investmentbank Aktiengesell- schaft, &c.

Gabriel Capital, L.P. v CAIB Investmentbank Aktiengesell- schaft, &c.

Motion No: 1150

Slip Opinion No: 2006 NYSlipOp 82110

Decided on December 19, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Gabriel Capital, L.P. et al., Appellants, v. CAIB Investmentbank Aktiengesell- schaft, &c., Respondent, CIS Emerging Growth Limited, Defendant.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.