Majority
p. 594Rafael Hernandez, Appellant, v Bankers Trust Company, Respondent. Submitted January 21, 2003; decided February 18, 2003
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First Department, upon the ground that a direct appeal does not lie when questions
p. 595
other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).