Opinion
Argued January 15, 1958
Decided January 23, 1958
Appeal from the Appellate Division of the Supreme Court in the first judicial department, WALTER A. LYNCH, J.
Henry W. Steingarten and Allan M. Seif for appellants-respondents and respondent.
A. Walter Socolow for respondent-appellant.
Appeal and cross appeal dismissed. Since the judgment sought to be appealed from herein not only grants an injunction but also orders an accounting, the appeals taken therefrom are dismissed upon the ground that the judgment appealed from does not finally determine the action within the meaning of the Constitution. (See, e.g., American Breddo Corp. v. Geller, 293 N.Y. 753; Alexander's Dept. Stores v. Ohrbach's, Inc., 291 N.Y. 707.)