PESCETTI v. MASTRODOMINICO

On summary consideration, order affirmed, with costs. The determination of the Appellate Division reversing the Trial Term's order for a new trial and reinstating the jury verdict, although appealable, is not subject to our review (Noia v De Rosa, 54 N.Y.2d 631, decided herewith; Donigi v American Cyanamid Co., 43 N.Y.2d 935; Pfohl v Wipperman, 34 N.Y.2d 597).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.