Newin Corp. v. Hartford Accident & Indemnity Co. (88 A.D.2d 517, 1982)

— Appeal from order, Supreme Court, New York County (Ryp, J.), entered on July 24, 1981, dismissed as said order is nonappealable. Respondents shall recover of appellants $75 costs and disbursements of this appeal. Concur — Lupiano, Fein and Milonas, JJ.

Kupferman, J. P., and Bloom, J.,

dissent in a memorandum by Bloom, J., as follows: We disagree with our brethren. We would affirm the judgment appealed from on the authority of Newin Corp. v Continental Ins. Co. (80 AD2d 756, mot for lv to app dsmd 53 NY2d 606, mot for lv to app dsmd 53 NY2d 938; see, also, Newin Corp. v Hartford Acc. & Ind. Co., 55 NY2d 744).