Opinion
Submitted September 2, 1975
Decided October 30, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT W. BASCOM, J.
Alan A. Pfeffer for motion.
Gordon K. Garlick opposed.
Motion dismissed and, on the court's own motion, appeal taken as of right dismissed, without costs, each upon the ground that, on the record in its present state, the issue of damages being unresolved, the Appellate Division order does not finally determine the action within the meaning of the Constitution. (See Tallman v French, 36 N.Y.2d 701.)