Schwarz v. Tokayer , 543 N.Y.S.2d 389 ( 1989 )

Motion for leave to appeal dismissed upon the ground that the order affirmed by the Appellate Division, although termed one dismissing the complaint, accomplished no more than a denial of the motion to vacate the stipulation of discontinuance and, thus, the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.