Majority
p. 794Dolores Ferrer et al., Appellants, v John M. Hill et al., Respondents. Submitted July 6, 1981; decided September 15, 1981
On the court’s own motion, appeal taken as of right dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not “necessarily affect” the final order, as required by CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344). Motion for leave to appeal denied, with $20 costs and necessary reproduction disbursements.