Brito v. Manhattan & Bronx Surface Transit Operating Authority (81 N.Y.2d 993, 1993)

Motion to dismiss appeal granted and appeal dismissed, with $400 costs and $100 costs of motion, upon the ground that the Appellate Division does not have the power to grant leave to appeal on a certified question from an order granting a new trial (see, CPLR 5601 [c]; 5602 [b] [1]; Mundt v Glokner, 160 NY 571; Fishman v Manhattan & Bronx Surface Tr. Operating Auth., 78 NY2d 878).