Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the Appellate Division order grant*741ing a new trial which is here sought to be reviewed, did not “necessarily affect” the final judgment, as required by CPLR 5601 (d) (Miocic v Winters, 52 NY2d 896; Cohen and Karger, Powers of the New York Court of Appeals § 79, at 344).