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· 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

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