Berardi v. W. T. Lane, Inc. (31 N.Y.2d 672, 1972)

Motion granted and appeals dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (N. Y. Const., art. VI, § 3; CPLR 5601; Kemp v. Paterson, 4 N Y 2d 712; Cohen and Karger, Powers of the New York Court of Appeals, pp. 70-73).