Majority
p. 896Thomas D’Angelo et al., Doing Business as Triple Cities Construction Company, Respondents, v. State of New York, Appellant. (Claim No. 50250.) Submitted April 23,1973; decided May 31, 1973.
Jomes B. Gitlitz for motion.
Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey of counsel), opposed.
p. 897
Motion granted to the extent that the appeal from so much of the Appellate Division order as reversed as to the fifth and sixth claims and ordered a new trial thereon is dismissed, with $10 costs of motion, upon the ground that such portion of the Appellate Division order does not finally determine the action within the meaning of the Constitution.