
    Richard Zipay et al., Appellants, v H. Coolidge Benson et al., Defendants and Third-Party Plaintiffs-Respondents. Dyer Fitts Construction Co., Inc., Third-Party Defendant-Respondent. (And Another Action.)
    Submitted August 29, 1977;
    decided October 6, 1977
   Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not "necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Martin v Alabama 84 Truck Rental, 33 NY2d 685; Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).  