Opinion
Submitted September 17, 1973
Decided October 11, 1973
Appeal from the Supreme Court, Kings County, ABRAHAM J. MULTER, J.
Michael B. Schad and A. Allen Stanger for motion.
Eugene A. Wolkoff opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the Appellate Division order granting a new trial did not "necessarily affect" the final judgment, as required to allow an appeal as of right from the judgment (CPLR 5601, subd. [d]; Town of Peru v. State of New York, 30 N.Y.2d 859; Karell Realty Corp. v. State of New York, 29 N.Y.2d 935; Matter of Satterlee, 2 N.Y.2d 285, 290; Matter of Daus v. Gunderman Sons, 283 N.Y. 459, 464; Cohen and Karger, Powers of the New York Court of Appeals, at pp. 317, 344). [Motion for reconsideration granted and appeal transferred 33 N.Y.2d 820.]