Opinion
February 22, 1979
Motion for leave to reargue or to appeal is denied, without costs. Since the order sought to be appealed directed a new trial, an appeal to the Court of Appeals may only be taken as of right by stipulating for judgment absolute (CPLR 5601, subd [c]; New York Cent. Hudson Riv. R.R. Co. v. State of New York, 166 N.Y. 286; United Nat. Bank v. Ettinger, 60 A.D.2d 670; 7 Weinstein-Korn-Miller, N Y Civ Prac, par 5602.09, pp 56-72).
Concur — Murphy, P.J., Lupiano, Markewich, Sandler and Sullivan, JJ.