Opinion
June 21, 1943.
Present — Close, P.J., Carswell, Johnston, Adel and Taylor, JJ.
Action to recover damages for personal injuries sustained by plaintiff when she was struck by a wheel that flew off appellant's automobile. Judgment of the County Court of Westchester County unanimously affirmed, with costs. No opinion. In the judgment there is no provision dismissing appellant's cross complaint against Rocco Motor Sales Corporation. The appeal from the "order and ruling" in relation thereto is futile. No appeal lies from the "ruling" and no order thereon appears in the record, hence the appeal from said "order and ruling" dismissing the cross complaint is dismissed, without costs.