| Scott Wintermute v Vandemark Chem., Inc. |
| Motion No: 2017-1074 |
| Slip Opinion No: 2017 NY Slip Op 96004 |
| Decided on December 19, 2017 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Scott Wintermute,
Appellant,
v
Vandemark Chemical, Inc.,
Respondent.
Motion for leave to appeal dismissed upon the ground that this Court has jurisdiction to entertain a motion for leave to appeal pursuant to CPLR 5602(a)(1)(ii) from a final judgment of Supreme Court only where a prior nonfinal Appellate Division order necessarily affects that judgment, and the prior nonfinal Appellate Division order here granting a new trial is not such an order.