Paglia v. Agrawal (69 N.Y.2d 946, 1987)

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from, denying a motion to vacate a prior dismissal pursuant to CPLR 3404, does not finally determine the action within the meaning of the Constitution. (Le Frois Foods Corp. v Aetna Ins. Co., 74 AD2d 730, mots to dismiss appeal granted 49 NY2d 1043; Til v O’Brien, 53 AD2d 1030, appeal dismissed 40 NY2d 902; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).