Opinion
October 31, 1978
Appeal by plaintiff Viacom International, Inc., from portions of order, Supreme Court, New York County, entered November 25, 1977, granting the motion of defendant Thomas National, Inc., for summary judgment, dismissing, with leave to replead, the second, third and fourth causes of action, unanimously dismissed, without costs or disbursements. Plaintiff served an amended complaint pursuant to the leave afforded by the order appealed from. As a consequence, it is barred from seeking review of that order (Beary v Schwimmer, 44 A.D.2d 833; cf. Guibor v Manhattan Eye, Ear Throat Hosp., 56 A.D.2d 359, 361; and see 10 Carmody-Wait 2d, N Y Civ Prac, § 70:82). Said order entered November 25, 1977, to the extent cross-appealed from by defendant Thomas National, Inc., unanimously affirmed, without costs or disbursements.
Concur — Kupferman, J.P., Lupiano, Fein and Sullivan, JJ.