Opinion
Submitted April 3, 1967
Decided April 18, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN L. FLYNN, J.
John P. Carson for appellants-respondents.
Murray L. Lewis, Edward M. Edenbaum and Harry H. Lipsig for respondents-appellants.
I. Sidney Worthman for respondent.
Motion by respondent Nazwin Associates, Inc., granted and appeal dismissed upon the ground that the appeal has not been timely taken. Where the order of the Appellate Division is final, the appeal lies only from that paper and not from the judgment subsequently entered thereon (CPLR 5611; Storch v. Moritsky, 17 N.Y.2d 917), and the last sentence of CPLR 5512 (subd. [a]) is not intended to save a late appeal.
Motion by plaintiffs denied on the basis of O'Brien v. City of New York ( 6 A.D.2d 63) with leave to renew upon the oral argument.