Motion to dismiss the appeal granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the Appellate Division order (70 AD2d 953) granting a new trial, here brought up for review, did not “necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]). (Cohen and Karger, Powers of the New York Court of Appeals, § 79, pp 344-345.)