Motif Construction Corp. v. Buffalo Savings Bank , 38 N.Y.2d 894 ( 1976 )

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (Walker v Sears, Roebuck & Co., 36 NY2d 695; Lizza Ind. v Long Is. Light. Co., 36 NY2d 754).