Kane v. Rodgers

• Decision Date: 01 October 1964
• Citation: 253 N.Y.S.2d 995,14 N.Y.2d 958
• Parties: , 202 N.E.2d 376 Raymond P. KANE and Lawrence S. Delancey, Respondents, v. Frances Marie RODGERS and Francesco Pisa, Defendants, and Eleanor Hagelin, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 995

253 N.Y.S.2d 995

14 N.Y.2d 958, 202 N.E.2d 376

Raymond P. KANE and Lawrence S. Delancey, Respondents, v. Frances Marie RODGERS and Francesco Pisa, Defendants, and Eleanor Hagelin, Appellant.

Court of Appeals of New York.

Oct. 1, 1964.

Appeal from Supreme Court, Appellate Division, First Department, 21 A.D.2d 773, 250 N.Y.S.2d 674.

An interlocutory judgment was entered awarding plaintiffs beneficial interest in capital stock and other relief, and two of the defendants appealed. The Appellate Division amended the penultimate paragraph of the interlocutory judgment to provide for the prompt assessment of exemplary damages, if any, after reasonable notice and the interlocutory judgment was otherwise affirmed.

The two defendants appealed to the Court of Appeals.

Motion to dismiss the appeal withdrawn.