Majority
p. 902Emmett W. Caldwell, Appellant, v Consolidated Edison Co. of New York, Respondent and Third-Party Plaintiff. Interboro Asphalt Paving Co. et al., Third-Party Defendants-Respondents. Submitted August 22, 1994; decided October 27, 1994
On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Motion for reargument of motion for leave to appeal denied. [See, 83 NY2d 953 .]