Philip Coffey v Peggy Ellen Baker
Motion No: 39
Slip Opinion No: 2007 NYSlipOp 63330
Decided on February 20, 2007
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.


Philip Coffey et al., Appellants-Respondents, v. Peggy Ellen Baker, et al., Respondents, Thomas J. Kelly et al., Respondents-Appellants, et al., Defendants.



Motion by plaintiffs for leave to appeal from so much of the Appellate Division order as dismissed the complaint against defendants Gill and Keystone Automotive Operations, Inc. denied.

Cross motion by the Kelly defendants, insofar as it seeks leave to appeal from that part of the Appellate Division order that granted the motion for summary judgment dismissing the complaint and cross claims against defendants Gill and Keystone Automotive Operations, Inc.

denied; cross motion for leave to appeal otherwise dismissed upon the ground that the remainder of the Appellate Division order does not finally determine the action with respect to the Kelly defendants within the meaning of the Constitution.