| Marc Starr v Fuoco Group LLP |
| Motion No: 2016-874 |
| Slip Opinion No: 2016 NY Slip Op 92063 |
| Decided on November 21, 2016 |
| 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. |
Marc Starr,
Appellant,
v
Fuoco Group LLP et al.,
Defendants,
Eureka Capital Markets, LLC, et al.,
Respondents.
Motion for leave to appeal dismissed upon the ground that the Appellate Division order sought to be appealed from does not finally determine the action within the meaning of the Constitution and the stipulation does not qualify as a final judgment within the meaning of CPLR 5602(a)(1)(ii) to bring up for review the prior nonfinal Appellate Division order because it was entered into without prejudice.