Order, insofar as it modified the order of Special Term by granting partial summary judgment to plaintiff, affirmed, with costs to respondent-appellant. Appeals from so much of the Appellate Division order as affirmed the order of Special Term dismissed, without costs, upon the ground that the order in this respect does not finally determine any part of the action within the meaning of the Constitution. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge KEATING.