Associated Coal Sales Corp. v. Hughes , 46 N.Y.2d 1071 ( 1979 )

Appeal dismissed, without costs. No appeal lies as of right from that portion of the order appealed from which unanimously affirms the dismissal of the complaint against August Thyssen-Hutte Aktiengesellschaft (CPLR 5601, subd [a]). The remainder of the order does not finally determine the action within the meaning of the Constitution. (Walker v Sears, Roebuck & Co., 36 NY2d 695; Lizza Inds. v Long Is. Light. Co., 36 NY2d 754; see Orange & Rockland Utilities v Howard Oil Co., 46 NY2d 880.)