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Mary Fronda v. Thomas La Duca, and Thomas Castellano
Appeal dismissed, without costs, upon the ground that no appeal lies as of right under CPLR 5601 (subd. [c]) from an order of the Appellate Division affirming the granting of a new assessment of damages only, where the original assessment was ex parte (see Cohen and Karger, Powers of the New York Court of Appeals, pp. 284-285; cf. Jensen v. Union Ry. Co., 260 N. Y. 1,4).