Opinion
March 7, 1995
Appeal from the Supreme Court, New York County (David Saxe, J.).
The subject order is appealable (see, Montcalm Publ. Corp. v Pustorino, 125 A.D.2d 188, 189; Grand Cent. Art Galleries v Milstein, 89 A.D.2d 178, 181). As to the merits of the appeal, the IAS Court properly ordered a reference to hear and report where the conflicting issues raised by the motions could not be resolved on the papers alone.
Concur — Kupferman, J.P., Ross, Asch, Nardelli and Mazzarelli, JJ.