Appeal from so much of the order as directs a hearing on defendants' motion dismissed, without costs or disbursements. That portion of the order appealed from does not determine defendants' motion and does not affect a substantial right ( see, CPLR 5701 [a] [2] [v] and, therefore, is not appealable as of right ( see, Bagdy v. Progresso Foods Corp., 86 A.D.2d 589; Astuto v. New York Univ. Med. Center, 97 A.D.2d 805).
Insofar as it denies plaintiff's cross motion with leave to renew, order affirmed, without costs or disbursements.
Although an order denying a motion without prejudice to renewal is appealable as of right ( see, e.g., Okin v. White Plains Hosp., 97 A.D.2d 399), the record in this case presents issues of fact warranting the denial of summary judgment at this juncture. Mangano, J.P., Brown, Niehoff and Lawrence, JJ., concur.