Opinion
Submitted October 16, 1978
Decided November 2, 1978
Motion to strike from the record on appeal pages 150-497 and to strike from appellant's brief the references to those pages and point two of the argument therein granted, and respondent's time to serve and file its opposing brief extended to 30 days from the date hereof.
Leave to appeal granted on appellant's application was predicated on an implied severance of that portion of the order of the Appellate Division that affirmed the award of summary judgment in favor of defendant on its counterclaims and was necessarily limited to review of that portion of the order. Insofar as the order dismissed an appeal from the order of Supreme Court, entered November 10, 1977, denying a motion for reargument — incorrectly termed a motion for renewal — the Appellate Division's disposition involves a question of discretion of the type not reviewable by the Court of Appeals. (Matter of Williams Geiger v Edelman, Berger, Peters Koshel, 39 N.Y.2d 1034.)