Opinion
March 29, 1971
Resettled and amended judgment of Supreme Court, New York County, entered December 29, 1970, unanimously affirmed, without costs and without disbursements. Appeal and cross appeal from the original judgment, Supreme Court, New York County, entered on June 23, 1970, unanimously dismissed, without costs and without disbursements. That judgment was superseded by the amended judgment of December 29, 1970. Appeal from order, Supreme Court, New York County, entered February 13, 1968, striking plaintiff's jury demand, unanimously dismissed, without costs and without disbursements. After the entry of final judgment, no right to review an intermediate order survives, except as provided for in CPLR 5501 (subd. [a]) on the appeal from the final judgment if the intermediate order necessarily affects the final judgment. Appeal from order, Supreme Court, New York County, entered June 23, 1970, which fixed the Referee's fee and expenses and allocated payment thereof between the parties, unanimously dismissed, without costs and without disbursements. The order was merged in the amended judgment and has been reviewed pursuant to CPLR 5501 (subd. [a]) on the separate appeals from the amended judgment.
Concur — Stevens, P.J., Capozzoli, McGivern, Nunez and Kupferman, JJ.