De Simone v. Barr & Barr, Inc.

Motion to stay the trial of the issue of damages pending appeal from an order which denied a motion by appellant for judgment pursuant to CPLR 4404 after a separate trial on the issues of liability. Motion denied. The order is not appealable (Covell v. 3.B.3. Constr. Corp., 24 A D 2d 566, affd. 17 N Y 2d 709). (See Fort gang v. Chase Manhattan Bank, 29 A D 2d 41.) Brennan, Acting P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.