Opinion
Argued April 20, 1955
Decided June 2, 1955
Appeal from the Supreme Court, Appellate Division, First Department, COX, J.
Osmond K. Fraenkel, Harold Epstein and Seymour Heilbron for appellant.
Edward Ross Aranow and Alfred Miller for respondent.
On appeal from judgment: Judgment affirmed, with costs. On appeal from order: Appeal dismissed, upon the ground that the Civil Practice Act (§ 588, subd. 3) does not authorize an appeal to this court by a party in whose favor the Appellate Division has reversed a judgment and granted a new trial. (See Gibbons v. Schwartz, 288 N.Y. 612; Lee v. Gander, 271 N.Y. 568; see, also, Cohen and Karger, Powers of the New York Court of Appeals [1952], pp. 281-282.) No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.