· 10/14/1981
Outdoor Scenes, Inc. v. Anthony Grace & Sons, Inc.
Citations
- 111 Misc. 2d 36
- 32 U.C.C. Rep. Serv. (West) 680
- 443 N.Y.S.2d 583
- 1981 N.Y. Misc. LEXIS 3219
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that judgment on liability that does not fix damages not a final judgment
- holding that judgment on liability that does not fix damages not a final judgment
- noting that courts should consider “miscellaneous factors such as . . . frivolity of competing claims . . . and the like”
- finding entry of final judgment under Rule 54(b) inappropriate where appealed judgment was “interrelated or inextricably intertwined” with other claims
- explaining that a final judgment “ends the litigation on the merits and leaves nothing for the court to do but 3 The appellees, Weaver Cooke, Westfield, and Zurich, likewise maintain that we have jurisdiction to decide the duty to defend issue under to 28 U.S.C. 1292(a)(1
- “It will be a rare case where Rule 54(b) can appropriately be applied when the contestants on appeal remain, simultaneously, contestants below.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Levine
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.