Opinion
Submitted September 3, 1974
Decided October 11, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERNARD S. MEYER, J.
Benjamin Cooper for motion.
Arthur A. Kaye and William H. George opposed.
Motion, insofar as leave is sought to appeal from that part of the Appellate Division order as affirmed the denial of plaintiffs' motion for summary judgment, dismissed upon the ground that said portion of the Appellate Division order does not finally determine the action within the meaning of the Constitution.
Motion, insofar as leave is sought to appeal from that part of the Appellate Division order as affirmed the dismissal of the complaint as against defendants Auslander and Public Service Heat and Power Co., Inc. denied.