Birnbaum v. Simon & Schuster, Inc. , 413 N.Y.S.2d 535 ( 1979 )

— Judgment, Supreme Court, New York County, entered on August 3, 1978, unanimously affirmed. Respondent shall recover of appellants $75 costs and disbursements of this appeal. The appeal from the order entered August 2, 1978 is dismissed, without costs and without disbursements, as subsumed in the appeal from the judgment herein. No opinion. Concur — Sandler, J. P., Sullivan, Lupiano, Yesawich and Bloom, JJ.