Bankers Trust Co. v. National Union Fire Insurance Co. of Pittsburgh

—Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered September 15, 1998, awarding plaintiff the total of $5,238,348.82, and bringing up for review an order, same court and Justice, entered September 15, 1998, granting plaintiff’s motion for summary judgment in lieu of complaint pursuant to CPLR 3213, and denying defendant’s cross motion for an order staying the action, unanimously affirmed, without costs. Appeal from the aforesaid order unanimously dismissed, without costs, as subsumed within the appeal from the aforesaid judgment.

The court properly ruled that the appeal…