Opinion
Argued June 11, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, First Department, HECHT, J.
Martin M. Kolbrener and Julius Cutler for appellant.
Eugene T. O'Neill, Marshall F. Denenholz and Leo D. Fitzgerald for respondent.
Judgment of the Appellate Division reversed, and order of Trial Term affirmed, with costs, in this court and in the Appellate Division, on the ground that the order of the Trial Term was not appealable to the Appellate Division. (See Ripstoss v. N.Y.C.R.R. Co., 285 N.Y. 789.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: DYE and FULD, JJ.