
    Andrew F. Capoccia, P. C., et al., Appellants, v Thomas Nicotera et al., Respondents.
    Decided September 17, 1987
   Appeal from the order of the Appellate Division which affirmed an order of Supreme Court entered October 17, 1986, inter alia, granting defendant Brognano’s motion for a conditional preclusion order 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.  