
    The John W. Cowper Company, Inc., Appellant-Respondent, v Buffalo Hotel Development Venture et al., Respondents, Spancrete Northeast, Inc., Respondent-Appellant, et al., Defendants. (And a Third-Party Action.)
    Decided June 10, 1986
   Appeal by Spancrete Northeast, Inc. dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution, and upon the further ground that no appeal lies as of right from the order of modification, absent a dissent by at least two Justices or the direct involvement of a substantial constitutional question (CPLR 5601, as amended by L 1985, ch 300, § 1).  