Opinion
Argued April 8, 1970
Decided April 23, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DARWIN W. TELESFORD, J.
Roy M. Lazarus and Joseph Karow for appellant-respondent.
Charles F. McMorrow for respondent-appellant.
Herbert C. Smyth for respondent.
Order affirmed, with costs to respondent Socony Mobil Oil Company, Inc.
APPEAL by defendant Sixty East 88th Street Holding Corp., from so much of the Appellate Division order as directed judgment in favor of plaintiff against said defendant and directed an assessment of damages, dismissed upon the ground that the order in that respect does not finally determine the action within the meaning of the Constitution. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.