776 South Orange Avenue, Inc. v. Phoenix Insurance

— Motion by defendant-respondent Budges & Company for leave to appeal to the Court of Appeals from the order of this court entered on June 7, 1973, which reinstated the complaint as against movant and directed a new trial, is denied, with $20 costs. Under CPLB 5601 (subd. [c]) an appeal may be taken to the Court of Appeals as of right from an order of the Appellate Division granting a new trial where appellant stipulates to judgment absolute upon affirmance. (Matter of Restaurants é Patisseries Longchamps v. O’Connell, 296 N. Y. 239; Miller v. Morse, 10 A D 2d 598; Cohen & Karger, Powers of…