Fronda v. La Duca (32 N.Y.2d 677, 1973)

Appeal dismissed, without costs, upon the ground that no appeal lies as of right under CPLR 5601 (subd. [c]) from an order of the Appellate Division affirming the granting of a new assessment of damages only, where the original assessment was ex parte (see Cohen and Karger, Powers of the New York Court of Appeals, pp. 284-285; cf. Jensen v. Union Ry. Co., 260 N. Y. 1,4).