LORRAINE MASON, ET AL., RESPONDENTS, v. APPLE VALLEY SPEEDWAY, INC., ET AL., DEFENDANTS, SPENCER SPEEDWAY, INC., ET AL., INTERVENORS-APPELLANTS. (Action No. 1)

91 N.Y.2d 886, 691 N.E.2d 628, 668 N.Y.S.2d 557 (1998).
January 20, 1998

4 No. 13

[98 N.Y. Int. 0001]
Decided January 20, 1998

TOWN OF WILLIAMSON ET AL., RESPONDENTS, v. APPLE VALLEY SPEEDWAY, INC., ET AL., DEFENDANTS, SPENCER SPEEDWAY, INC., ET AL., INTERVENORS-APPELLANTS. (Action No. 2)

98 N.Y. Int. 0001.
January 20, 1998

4 No. 13

[98 N.Y. Int. 0001]
Decided January 20, 1998

James J. Gascon, for intervenors-appellants.
Peter H. Abdella, for respondents in Action No. 1.
Submitted by John B. Nesbitt, for respondents in Action No. 2.

* * * * * * * * * * * * * * * *

Appeal dismissed, with costs, upon the ground that the two-justice dissent at the Appellate Division is not on a question of law (CPLR 5601[a]). Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided January 20, 1998