Opinion
April 24, 1978
Motion for reargument or for leave to appeal to the Court of Appeals denied in all respects with $20 costs. An appeal may be taken to the Court of Appeals as of right where the order of the Appellate Division grants a new trial upon stipulation by appellant to judgment absolute upon affirmance (CPLR 5601, subd [c]; 776 South Orange Ave. v Phoenix Ins. Co., 42 A.D.2d 890).
Concur — Lupiano, J.P., Lane, Markewich and Sandler, JJ.