New York Court of Appeals November 21, 1973 (Martin v. Alabama 84 Truck Rental, Inc.)

Motion for reconsideration of motion to dismiss appeal [see 33 N Y 2d 685] granted, and upon reconsideration, appeal transferred to the Appellate Division. The Appellate Division order *821granting a new trial did not “ necessarily affect ” the final judgment as required to allow a direct appeal as of right from the judgment (CPLR. 5601, subd. [d]).