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  5. 59 N.Y.2d 645 (1983)
 

NEWIN CORP. v. HARTFORD ACCIDENT & INDEM. CO.

59 N.Y.2d 645 (1983)

Newin Corporation et al., Appellants, v. Hartford Accident and Indemnity Company et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 28, 1983.

Attorney(s) appearing for the Case

Charles L. Stewart for appellants.

William P. Sullivan, Jr., for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for consideration of the appeal to it on the merits.

Plaintiffs had an appeal as of right to the Appellate Division (CPLR 5701, subd [a], par 2, cls [iv], [v]). It was thus error for the Appellate Division to dismiss it as "nonappealable".

On review of submissions pursuant to rule...

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