Majority
p. 635Barnett Guthartz, Appellant, v City of New York et al., Respondents. Decided July 1, 1982
Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that an appeal pursuant to CPLR 5601 (subd [c]) does not lie where a new trial or hearing is not granted (see Cohen and Karger, Powers of the New York Court of Appeals, § 63, pp 284-285).
Judge Meyer taking no part.