13 N.Y.3d 903 (2009)
895 N.Y.S.2d 293
2009 NY Slip Op 91597
KEIWAN SITAL, Respondent,
Motion No: 2009-1093.
KEIWAN SITAL, Respondent,
v.
CITY OF NEW YORK, Appellant.
Motion No: 2009-1093.
Court of Appeals of New York.
Submitted October 5, 2009. Decided December 17, 2009.Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (see Whitfield v City of New York, 90 NY2d 777, 780-781 [1997]).