Majority
p. 967John F. Driscoll, Individually and as Administrator of the Estate of John F. Driscoll, Deceased, Appellant, v Akron Fire Company, Inc., et al., Respondents. [648 NYS2d 383]
—Motion to vacate dismissal denied. Memorandum: Plaintiff has perfected the appeal from the final judgment, which brings up for review the order denying a new trial (see, CPLR 5501 [a] [2]). Present—Pine, J. P., Lawton, Wesley, Balio and Boehm, JJ.