Opinion
Submitted January 20, 1975
Decided February 12, 1975
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
Bruce V. Weitzen and Vincent Albanese for motion.
James B.M. McNally opposed.
On defendants' motion for leave to appeal only from that portion of the order of the Appellate Division, entered December 3, 1974, which dismissed the counterclaim, such counterclaim deemed severed and dismissal thereof thus held to be a final determination ( Sirlin Plumbing Co. v. Maple Hill Homes, 20 N.Y.2d 401, 403; cf. CPLR 5602, subd. [a], par. 1, cl. [i]). Motion denied with $20 costs and necessary reproduction disbursements.