Opinion
Submitted March 2, 1937
Decided March 23, 1937
Appeal from the Supreme Court, Appellate Division, Second Department.
Lloyd B. Kanter for appellant.
Benjamin Cohen for respondent.
Although this court allowed the appeal in this cause, it has been called to our attention that the order is not appealable. ( Matter of Steinman v. Conlon, 208 N.Y. 198; Hand v. Ortschreib Building Corp., 254 N.Y. 15. See Jewelers' Mercantile Agency v. Jewelers' Weekly Pub. Co., 155 N.Y. 241.) We, therefore, do not pass on the merits but reserve the question until properly before us for review.
The appeal should be dismissed, with costs.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.
Appeal dismissed.