
    Superior Ice Rink, Inc., Respondent, v Nescon Contracting Corp., Doing Business as Al Discount Painting, et al., Defendants, and Merchants Mutual Marine Insurance Company, Appellant.
    Submitted June 15, 2009;
    decided September 3, 2009
    Reported below, 52 AD3d 688.
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.  