Opinion
Argued March 19, 1984
Decided April 3, 1984
Appeal from the Supreme Court, New York County, George G. Inglehart, J.
J. Irwin Shapiro and Brian Michael Seltzer for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Larry A. Sonnenshein and Francis F. Caputo of counsel), for respondents.
MEMORANDUM.
The appeal should be dismissed upon the ground that the "judgment" appealed from does not finally determine the action within the meaning of the Constitution. Although the causes of action contained in the complaint have been finally disposed of, the record shows that a counterclaim is still pending and that it is sufficiently related to the complaint to preclude application of the doctrine of implied severance (see Lizza Inds. v Long Is. Light. Co., 36 N.Y.2d 754).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur; Judge MEYER taking no part.
Appeal dismissed, without costs, in a memorandum.