Costanza Construction Corp. v. City of Rochester

Appeal pursuant to CPLR 5601 (d), from Supreme Court’s judgment entered February 17, 1994, which conditionally *951dismissed defendant City of Rochester’s counterclaims, dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the judgment sought to be appealed from, being conditional, does not finally determine the action within the meaning of the Constitution (see, Cohen and Karger, Powers of the New York Court of Appeals § 14, at 60-65).