New Hampshire Ins. Co., & c. v Maria Serena Bartha, & c.

Motion No: 729

Slip Opinion No: 2008 NYSlipOp 82236

Decided on September 11, 2008

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.

New Hampshire Insurance Company, & c., Appellant, v. Maria Serena Bartha, & c., et al., Respondents, et al., Defendants.

Motion, insofar as it seeks leave to appeal as against Maria Serena Bartha, as to whom the action remains pending in her representative capacity as administratrix of the estate of Nicholas Bartha, dismissed upon the ground that as to her the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that denied appellant's motion to amend the complaint, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.