300 West Realty Co. v. City of New York

Order and judgment (one paper), Supreme Court, New York County, entered August 20, 1976, unanimously modified, on the law and on the facts, to the extent of reducing the award to $58,147 and otherwise affirmed, without costs and without disbursements. The defendant *806is not precluded from contesting the issue of liability on this appeal. Its failure to appeal from the order of July, 1972 does not mean it acquiesced in the court’s conclusion. This appeal from a final judgment brings on for review all intermediate orders necessarily affecting the judgment not previously reviewed. Upon review we…