Clurman v. Clurman (49 N.Y.2d 914, 1980)

Motion to dismiss the appeal herein, which is limited by defendant’s notice of appeal to be from only so much of the Appellate Division order as modified Special Term’s order by denying defendant’s cross motion to compel arbitration, and thus finally determining a separate special proceeding, denied. (See Merrill Lynch, Pierce, Fenner & Smith v Griesenbeck, 21 NY2d 688, 690.)