Opinion
Decided October 23, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John J. Conway, J.
Eileen E. Buholtz for appellant.
William L. Dorr for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order entered on appeal No. 1 affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 101 A.D.2d 995; cf. Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 63 N.Y.2d 201). Appeal from order entered on appeal No. 2 dismissed, without costs, upon the ground that the order does not finally determine the action within the meaning of the Constitution.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.