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  5. 64 N.Y.2d 846 (1985)
 

VILLA CHARLOTTE BRONTE, INC. v. COMMERCIAL UNION INS. CO.

64 N.Y.2d 846 (1985)

Villa Charlotte Bronte, Inc., et al., Respondents, and Bruno Lederer, Respondent-Appellant, v. Commercial Union Insurance Company, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided February 12, 1985.

Attorney(s) appearing for the Case

Alfred E. Page, Jr., and J. Russell Clune for Commercial Union Insurance Company, appellant-respondent.

Joseph Zuckerman for Bruno Lederer, respondent-appellant.

Richard M. Resnik for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

MEMORANDUM.

The appeal of defendant Commercial Union Insurance Company should be dismissed, without costs, on the ground that as to it the order of the Appellate Division does not finally determine the action within the meaning of the Constitution (NY Const, art VI, § 3 [b] [1]).

On the appeal by plaintiff Lederer, the order of the Appellate Division should be reversed, with costs, and partial summary judgment...

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