445 N.E.2d 649, 459 N.Y.S.2d 266
Court of Appeals of the State of New York.Submitted December 6, 1982
Decided January 13, 1983
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from, which merely affirms the denial of a motion for summary judgment, does not finally determine the action within the meaning of the Constitution (see Cohen and Karger, Powers of the New York Court of Appeals, § 40, p 161).
Judge SIMONS taking no part.