
    Hoffend & Sons, Inc., Appellant, v Rose & Kiernan, Inc., et al., Respondents.
    Submitted July 25, 2005;
    decided October 20, 2005
   Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the complaint, granted; motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied appellant’s motion to amend the complaint, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution.  