Majority
p. 676People’s Oil Co., Inc., Appellant, v Nichols Mobil Service et al., Respondents. Submitted March 16,1981; decided March 26, 1981
Motion to dismiss the appeal granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (e.g., Seligman v Tucker, 36 NY2d 921 ; Cohen and Karger, Powers of the New York Court of Appeals, § 38, p 156; § 46, p 204).