
    Union River Company, Respondent, v S. S. Kresge Company, Appellant.
    Decided February 9,1978
   Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the grounds that no appeal lies as of right from the unanimous determination of the Appellate Division (CPLR 5601, subd [a]) and the order appealed from does not finally determine the action within the meaning of the Constitution.  