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SHLOMO STERNBERG, as Administrator of the Estate of MATTHIAS S. STERNBERG, Deceased, Plaintiff, v. RADIO CORPORATION OF AMERICA et al., Defendants, and AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Defendant and Third-Party Plaintiff-Appellant. CITIBANK, N.A., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that it does not lie as of right from the unanimous Appellate Division order of modification, absent the direct involvement of a substantial constitutional question (CPLR 5601, as amended by L 1985, ch 300, § 1), and upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.

Judge KAYE taking no part.

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STERNBERG v. RADIO CORPORATION OF AMERICA
(Oct 21, 1986)