J & D Einbinder Associates, Inc. v. ICC Performance 3 Ltd. Partnership , 669 N.Y.S.2d 255 ( 1998 )

Motion and cross motion for leave to appeal dismissed upon the ground that the Appellate Division order of affirmance sought to be appealed from does not finally determine the action within the meaning of the Constitution inasmuch as that order merely enforces a prior determination in the action (see, Karger, Powers of the New York Court of Appeals § 18 [a] [3d ed]).