Opinion
Argued February 7, 1980
Decided March 18, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
Herbert L. Fenster, of the District of Columbia Bar, pro hac vice, and Robert J. Kheel for appellant.
Grant B. Hering, Benjamin Sendor and Aurora Christidis for respondents.
Appeal from the order of the Appellate Division, entered January 18, 1979, which granted respondents' motion to strike portions of petitioner's appendix dismissed, without costs, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution. The Appellate Division orders of affirmance, entered January 18, 1979, affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 67 A.D.2d 646) and in the opinions by Mr. Justice NATHANIEL T. HELMAN at Special Term.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.