
    Costanza Construction Corporation, Appellant, v City of Rochester, Respondent, et al., Defendants. (And a Third-Party Action.)
    Submitted June 6, 1994;
    decided June 21, 1994
   Appeal pursuant to CPLR 5601 (d), from Supreme Court’s judgment entered February 17, 1994, which conditionally dismissed defendant City of Rochester’s counterclaims, dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the judgment sought to be appealed from, being conditional, does not finally determine the action within the meaning of the Constitution (see, Cohen and Karger, Powers of the New York Court of Appeals § 14, at 60-65).  