Opinion
Decided June 18, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALFRED D. LERNER, J.
Bernard Meyerson for appellant.
Lois F. Freedman for respondent.
On summary consideration, order affirmed, with costs. The determination of the Appellate Division reversing the Trial Term's order for a new trial and reinstating the jury verdict, although appealable, is not subject to our review (Noia v De Rosa, 54 N.Y.2d 631, decided herewith; Donigi v American Cyanamid Co., 43 N.Y.2d 935; Pfohl v Wipperman, 34 N.Y.2d 597).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.