Bank of America National Trust & Savings Ass'n v. Sorg

On defendants’ motion for leave to appeal only from that portion of the order of the Appellate Division, entered December 3, 1974, which dismissed the counterclaim, such counterclaim deemed severed and dismissal thereof thus held to be a final determination (Sirlin Plumbing Co. v. Maple Hill Homes, 20 N Y 2d 401, 403; cf. CPLR 5602, subd. [a], par. 1, cl. [i]). Motion denied with $20 costs and necessary reproduction disbursements.