The Bank of N. Y., etc. v Terrapin Indus., LLC

The Bank of N. Y., etc. v Terrapin Indus., LLC
Motion No: 2021-633
Slip Opinion No: 2021 NY Slip Op 71454
Decided on September 14, 2021
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.



The Bank of New York, etc.,

Appellant,


v

Terrapin Industries, LLC, et al.,

Defendants,

KBS Sheapshead Bay, LLC,

Respondent.

(And Another Action.)

Motion for leave to appeal dismissed upon the ground that the judgment sought to be appealed from does not finally determine the actions within the meaning of the Constitution and thus does not constitute a final judgment within the meaning of CPLR 5602 (a) (1) (ii), and upon the further ground that simultaneous appeals do not lie to both the Appellate Division and the Court of Appeals (see Parker v Rogerson, 35 NY2d 751, 753 [1974]).